Terms, conditions and privacy

Privacy policy for end-users of Appear

1 General

Appear XR AS ("Appear") provides Appear, which is a design and prototyping tool for a professional audience ("Software 1") and Stage, which is a file browser for and asset management tool for 3D assets ("Software 2).

The Software 1 allows users to create interactive virtual, extended reality, experiences. The Software 2 allows users to upload, store, share and manage 3D assets.

Appear XR AS is dedicated to maintaining the privacy of users of Software 1 and Software 2. Appear XR AS processes certain personal data as the data controller, which means that we determine the purpose of processing this personal data.

Appear XR AS is responsible for processing and storing your personal information in a secure manner. We, therefore, implement technical and organizational measures that are sustainable for ensuring that the treatment is in accordance with legislation. Note, however, that other third parties may be the data controller for processing other information. If you for example have gained access to Appear through a company you are affiliated with, the company will be responsible for processing for most purposes, while Appear will be the data processor on behalf of the company. If you want more information about how third parties process your personal information, you can read more about this in the relevant third parties’ privacy statement. This statement ("The privacy statement") describes how we process your personal information and which rights you have as registered. Personal information is all assessments or information which can be linked to individuals. You can send us an email to contact@appear.space at any time if you have any questions about privacy or wish to exercise your rights as registered.

2 About the collection of personal information

2.1 Purpose of the processing

Appear XR AS processes personal information for the following purposes: Administration and access to Software 1 and Software 2.

Appear XR AS processes personal information to manage your access to Software 1 and Software 2, which means creating a user to give you access to a virtual workshop, to notify you that you have been invited to participate in workshops, and to give you the opportunity to store your content in Software 1 and Software 2. Improvement and development of Software 1 and Software 2. Appear XR AS processes personal data to analyze how users utilize Software 1 and Software 2, and how users’ activity level is (for example through sensor data), so that we can improve and develop Software 1 and Software 2. For the record: We do not store audio or video in Software 1 and Software 2.

2.2 Which personal information we collect

Appear processes the following personal information:

- Name
- Email
- Company- and team-affiliation
- Visitor statistics
- Usage pattern and metrics

2.3 Processing basis

We process personal data on the basis of the following processing basis:Eligible interests. We create and manage user accounts to give you access to Software 1 and Software 2 and process user behavior information in order to develop and improve Software 1 and Software 2, based on our eligible interests. Our assessment is that the processing is necessary for purposes related to our eligible interests and that these take precedence over your privacy.

2.4 Storage of personal information

Your personal information is only stored for as long as it is necessary to achieve the purpose of the processing. When it is no longer necessary to process the personal data, we will delete it, unless storage is required by law.

2.5 Sharing of personal information

In some cases, we share personal information with our subcontractors, such as cloud storage service providers, who are engaged by us to provide services. These subcontractors process personal information on our behalf and only in accordance with our instructions. In order to retain and secure your personal information, we always enter into data processor agreements with our subcontractors. All processing of your personal data takes place within the EU/EEA unless otherwise stipulated in the data processor agreement.

3 Your rights

When we process personal information about you, you are registered. As a registered user, you have the following rights as a starting point:

Right to access. You can access personal information and information on how we process it.

- Right to correction. You can ask us to correct incorrect personal information about you.
- Right to erasure (the right to be forgotten). You can ask us to erase your personal information, which we will respect and follow.
- Right to limitation. You can ask us to limit the processing of your personal information.
- Right to protest. You can protest against the processing of your personal information.
- Data portability. You can ask us to provide the personal information to you or others in a structured, commonly used and machine-readable format.

Please note that exceptions to the mentioned rights may apply. For example, we may not disclose personal information if it violates the duty of confidentiality, or if we are required by law to store the information. If you wish to exercise your rights as registered, you can send us an email at contact@appear.space. In order for us to be able to make sure that you are who you claim to be, we may ask you to identify yourself.

4 Contact information and complaint

If you wish to complain about our processing of personal information, you can contact us by email (see below) or to the Norwegian Data Protection Authority. Contact information for the Norwegian Data Protection Authority can be found here.If you have questions about how we process your personal information, you can contact us at contact@appear.space.


End-user terms for Appear

1 General

Appear XR AS ("Appear XR") delivers Appear, which is a design and prototyping tool for a profesional audience ("Software 1") and Stage, which is a file browser for and asset management tool for 3D assets ("Software 2). The Software 1 allows users to create interactive virtual, extended reality, experiences. The Software 2 allows users to upload, store, share and manage 3D assets.

These user terms (the “User Terms”) apply to every user of Software 1 and Software 2. With “user”, “you”, “they” means end-user, which means anyone using any issue of Software 1 and Software 2. Use of Software 1 and Software 2 requires you to consent to the User Terms. By giving your consent you accept the User Terms and to use Software 1 and Software 2 in compliance with these terms. Appear XR recommends that you thoroughly read through the User Terms before using Software 1 and Software 2.

2 Appear XR’s commitments

Software 1 offers companies to design and prototype innovative applications and solution for general purposes. The Software 1 lets you early create extended reality experiences through an authoring style interface, which can then easily shared and tested with clients and end users of future services.

Software 2 offers companies a frictionless solution to upload, store, share, manage 3D assets and integrate the solution into other pipelines.

Software 1 and Software 2 is offered “as-is”, meaning that Appear does not warrant that Software 1 and Software 2 at any given time will be flawless, available, updated or without system flaws. Appear XR implements measures to ensure the safety of Software 1 and Software 2. Appear XR is not responsible for any loss of material, destruction, viruses, attacks, disturbances or hacking. Appear XR reserves the right to freely make changes and improvements to Software 1 and Software 2.

3 Use of Software 1 and Software 2

3.1 Acceptable use

By accepting the User Terms you accept: a. to not transfer, distribute, sell, publish, make derived works of Software 1 and Software 2 or in other ways violate Appear XR’s or third parties intellectual property rights; b. to not download or in other ways generate content that is offensive, harassing or illegal; c. to not use Software 1 and Software 2 in a way that violates any local, national or international legislation; and d. to not obtain wrongful access to, introduce viruses to or hack Software 1 and Software 2, or act in any other way that is damaging for Software 1 and Software 2. You are responsible for using Software 1 and Software 2 in accordance with Software 1 and Software 2 guidelines from your employer or others who give you access to Software 1 and Software 2.

3.2 Safe use

To ensure the safety connected to your content and your user account you shall not disclose any password or give access to Software 1 and Software 2 to unauthorized people.

3.3 Breach

Appear XR can immediately suspend or terminate your access to Software 1 and Software 2 if you breach any provisions in the User Terms. If Appear XR has reason to believe that you have acted in violation of the User Terms, Appear XR has the right to implement reasonable measures to protect our own and possible third party interests. Appear XR reserves the right to delete user-generated content which is in violation of the User Terms. Appear XR is nevertheless not committed to monitoring user-generated content.

4 Intellectual property rights

Appear XR is the owner and licensee of all the intellectual property rights that appear from Software 1 and Software 2 unless otherwise specified. You consent to respect Appear intellectual property rights, meaning that you shall not transfer, distribute, sell, publish, make derived works of Software 1 and Software 2 or in any other ways violate Appear XR’s intellectual property rights «Intellectual property rights» means copyright, patents, trademark, domain name, trade secrets, design, concept, music, graphic, relevant interface and other forms of registered or non-registered rights. Users of Software 1 and Software 2 own and keep all their intellectual property rights to user-generated content.

5 Licensing rights

The user license gives you a non-exclusive, non-transferable and revocable right to install and use Software 1 and Software 2. Appear XR keeps ownership of all intellectual property rights that are found in Software 1 and Software 2. Appear XR does not transfer any property rights to Software 1 and Software 2 to users or others. The user license only applies to the right to use Software 1 and Software 2 for training, entertainment or co-creation purposes (ideation/design/workshops/meeting activities), unless otherwise specified in the agreement with Appear XR. Your user license ceases when the User terms end or is suspended, or when it follows from a separate agreement with Appear XR. Your access assumes an underlying corporate agreement, for example by a business you are connected to that has bought access to a section of Software 1 and Software 2.

6 Privacy

Appear XR treats personal information to the extent permitted by applicable privacy laws. See our Privacy Statement for more information about how Appear handles your personal information.

7 Compensation and liability

To the extent permitted by law, Appear XR is not responsible for: a. Indirect loss, special losses or consequential damages; b. Loss of income, profit, expected savings, contracts, reputation or business loss. Appear XR is nevertheless responsible for intentional or grossly negligent acts or omissions.

7.1 Indemnification

Appear XR is not responsible for the content that the user uploads, creates or saves in Software 1 and Software 2, including that the content is permitted by law and does not violate any third party rights. To the extent permitted by law, you consent to keep Appear XR, our licensors and subcontractors free of all loss, expenses, damages and costs that follow a breach of the User Terms.

8 Changes, termination, and dismissal

Appear XR has the right to make changes to or replace the User Terms, for example as a result of new legislation, new technology or changes in our business model at any time. Any updated versions of the User Terms will be available at https://appear.space/document/terms-privacy-and-security. Any significant changes in the User terms will be declared before implementation. If the changes in User terms demand new consent, then this will be obtained before the changes will have a binding effect on you. Users can stop using Software 1 and Software 2 at any time.

9 Choice of law and venue

These User Terms are subject to Norwegian law. Disputes that arise in connection with Appear or the User Terms, shall be settled by the Oslo district court.

10 Contact information

If you have any questions, you are welcome to contact us through email at contact@appear.space.