Terms of Use

1. Introduction

These Terms of Use ("Terms") govern your access to and use of the websites, platform, applications, and services provided by Imersian Pty Ltd ("Imersian", "we", "our", or "us"), including 3D model management, room visualisation, and augmented reality experiences (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

2. Definitions

• "Customer" means the entity that subscribes to the Services under an order form, online signup, or written agreement.
• "Authorised User" means an individual permitted by the Customer to access the Services.
• "Customer Content" means product imagery, 3D assets, room photos, metadata, and other materials submitted to the Services by or on behalf of the Customer.
• "Documentation" means the user guides and technical documentation made available by Imersian for the Services.

3. Accounts and Access

To use the Services, you may need to create an account. You must provide accurate information, keep credentials confidential, and ensure that all activity under your account complies with these Terms. You are responsible for actions taken by Authorised Users on your behalf. Imersian may suspend access where credentials appear compromised or where activity threatens platform integrity.

4. Acceptable Use

You agree not to:

• Use the Services in breach of any law, regulation, or third-party right.
• Reverse engineer, decompile, or attempt to extract source code, except to the extent permitted by law.
• Upload content that is unlawful, infringing, harmful, or that you are not authorised to submit.
• Resell, sublicense, or provide the Services to third parties outside the scope of your subscription without our written consent.
• Interfere with the integrity, security, or performance of the Services or the data of other customers.

5. Subscriptions, Fees, and Credits

Paid plans are billed under the order form, online checkout, or written agreement that applies to your account. Free Trial usage is provided without payment for the period and limits described at signup. Paid plans typically require a minimum twelve (12) month commitment. AI 3D creation credits and other consumable units are non-refundable once consumed. Fees are exclusive of taxes unless stated otherwise.

6. Intellectual Property

Imersian and its licensors retain all rights, title, and interest in and to the Services, the platform, the Documentation, and all underlying technology including AI models, rendering pipelines, and software. Subject to these Terms, Imersian grants Customer a non-exclusive, non-transferable right to access and use the Services during the subscription term solely for Customer's internal business purposes.

7. Customer Content and Data

Customer retains all rights to Customer Content. Customer grants Imersian a limited licence to host, process, transmit, and display Customer Content as required to provide the Services, including generating 3D models, renders, and visualisations. Imersian may use de-identified, aggregated usage data to operate, improve, and benchmark the Services. Personal information is handled in accordance with our Privacy Policy.

8. Third-Party Services and Integrations

The Services may integrate with third-party platforms such as Shopify or analytics providers. Use of those platforms is governed by their own terms. Imersian is not responsible for the availability, accuracy, or content of third-party services.

9. Confidentiality

Each party will protect the other's confidential information using at least reasonable care and will not disclose it except to personnel and advisors with a need to know who are bound by confidentiality obligations. Confidential information does not include information that is public, independently developed, or rightfully received from a third party without restriction.

10. Warranties and Disclaimers

Imersian will provide the Services using commercially reasonable skill and care. To the maximum extent permitted by law, the Services are otherwise provided "as is". Imersian disclaims all other warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes any consumer guarantee, right, or remedy that cannot lawfully be excluded under the Australian Consumer Law.

11. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or loss of goodwill arising out of these Terms or the Services. Each party's aggregate liability arising out of or related to these Terms will not exceed the fees paid or payable by Customer to Imersian in the twelve (12) months preceding the event giving rise to the claim.

12. Term and Termination

These Terms apply for the duration of the subscription term set out in your order form. Either party may terminate for material breach that is not cured within thirty (30) days of written notice. On termination, Customer's right to access the Services ends, and each party will return or destroy the other's confidential information except as required to comply with law or backup retention policies.

13. Changes to These Terms

Imersian may update these Terms from time to time. Material changes will be notified by posting an updated version on our website with a revised effective date or by direct notice. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.

15. Contact

Questions about these Terms can be sent to info@imersian.com.