Offer Terms for MAZING World

From 31.01.2026

Offer Terms for MAZING World
Status: 02.02.2026

1. Definition

“MAZING World” (formerly MAZINGXR Solution) is the software platform operated by MAZING GmbH. It includes:
a) the standard software for visualizing 3D models on websites and in “Augmented Reality” (MAZINGXR);
b) the functions developed and provided by MAZING for creating digital content using artificial intelligence (AI Apps, accessible at world.mazingxr.com).
The term includes updates, but excludes any customer-specific modifications or add-ons to the software, unless otherwise agreed.

“Augmented Reality” is the combination of real images, usually camera recordings, and virtual images.

“Service” means access to and use of the functionalities of the software through the provided links and logins in accordance with the provisions of the contract.

“Display Objects” are optimized photorealistic 3D objects that are part of MAZING World and are displayed to the user.

“AI Apps” are part of MAZING World and refer to the software modules and tools provided under the domain world.mazingxr.com (as well as associated subdomains) that use artificial intelligence to create, edit, or analyze content.

“Credits” means the currency units within the AI Apps that are consumed for the generation of content.

“Named User License” (Named User) means a form of license in which access to the software is assigned to exactly one natural person.

“Input” means all data, texts, images, 3D models, or other information that the user enters into or uploads to the AI Apps to generate a result.

“Output” means the visual content, 3D models, texts, or other results generated by the AI Apps based on the Input.

“Individual Contract” is the order form or offer in which the ordered Service is specified.

“Initial Term” is the initial contractual term agreed in an Individual Contract.

“Platform and Hosting Fee” is the fee agreed in an Individual Contract. It compensates not only the technical storage (hosting) but in particular the authorization to access the platform (SaaS license), the Credits for AI Apps, and the use of MAZING World Services.

“Maintenance and Support Services” are the maintenance of operations for visualization.

“Updates” are all new versions, releases, bug fixes, and patches that MAZING GmbH provides as part of maintenance and support services.

“Commercially Reasonable Care” means the care that the receiving party applies when protecting its own confidential information of the same type, but at least reasonable care.

“Confidential Information” means information of the other party, including but not limited to information relating to operations, technical or commercial know-how, specifications, inventions, processes or initiatives, plans, product information, pricing information, know-how, designs, trade secrets, software, documents, data, or information which, when disclosed by one party to the other,
a) is clearly marked or designated as “confidential” or “protected” or similar, or
b) is disclosed orally or visually and is designated as confidential at the time of disclosure.

“Maintenance Service = Hosting” are those technical services ordered by the user under an Individual Contract to ensure availability. Maintenance and support services are not provided for third-party applications.

“User” is the contractual partner defined in the Individual Contract. “Subservices” are those functions activated by operating systems on smartphones.

“Service Level Agreement” = SLA describes the availability of the software.

2. Subject Matter of the Conditions

MAZING World, operated by MAZING GmbH, provides the user with access to and use of the functionalities and content of the platform. The Service and the associated platform and hosting fee include access to and use of the functionalities of MAZING World (including XR and AI Apps), provision of Credits in accordance with the Individual Contract, maintenance and support services, and the displayed content to the extent agreed in the Individual Contract.

3. Individual Contract

An Individual Contract is deemed accepted by the user on the day the user signs it in writing or electronically and transmits it to MAZING GmbH, or declares consent by confirming an “I accept” field or similar electronic acceptance method. These conditions also apply to additional services such as installation, integration, parameterization, customization of MAZING World to the user’s needs, as well as the development, optimization, and management of Display Objects.

4. Provision and Validity

4.1 After countersignature of the offer by the user, MAZING GmbH will provide the user with access to MAZING World by email in accordance with the delivery terms regulated in the Individual Contract.
4.2 The Service shall be deemed first provided on the date of acceptance of the offer pursuant to Clause 2 by the user and upon fulfillment of the obligations pursuant to Clause 3.

5. Platform and Hosting Services

5.1 Maintenance and provision services are an essential part of MAZING World and are shown as a platform and hosting fee.
5.2 The operators of MAZING World are entitled to update the services at regular intervals during the contract term and to notify the user of adjustments by email at their own discretion. MAZING GmbH ensures that, upon reasonable consideration, no reduction of the scope of services or unreasonable change will occur as a result of the update. Any termination rights of the parties remain unaffected.

6. Access to MAZING World

6.1 All rights (in particular intellectual property rights) in MAZING World, the documentation, and further developments remain with MAZING GmbH. The user is granted a non-exclusive, non-transferable right to access the Service and use it for its own purposes within the scope defined in the Individual Contract and for the duration of the contract term.
6.2 MAZING GmbH grants the user a non-exclusive, non-transferable, worldwide right to access the services defined in Clause 2 for the duration of the contract term.

7. Use of MAZING World and Named User License

7.1 The right to use MAZING World is limited to use for the user’s own purposes. Any further exploitation or use for other companies/organizations is prohibited.
7.2 The right to use MAZING World exists only to the extent agreed in the Individual Contract. In particular, the parties may agree on restrictions regarding the number of views, generated AI content, or access links.
7.3 Named User Policy (License Restriction):
(a) A user account may only be used by one specifically named natural person.
(b) Sharing of access data (username, password) with third parties or other employees of the user (“account sharing”) is strictly prohibited.
(c) A transfer of the license to another person is only permitted if the original user permanently ceases use (e.g. upon leaving the company).

8. Use of MAZING WORLD

8.1 Nature of the AI Apps:
The user acknowledges that the AI Apps are based on probabilistic algorithms. This means that
(i) Outputs may be erroneous, inaccurate, or incomplete (“hallucinations”) and
(ii) Outputs are not necessarily unique and other users may receive similar results.

8.2 Rights to Input:
The user retains all rights to its Input. However, the user grants MAZING GmbH a worldwide, non-exclusive and royalty-free right to store, copy and process the Input insofar as this is necessary for the provision of the Services, the generation of the Output and the improvement of the AI models.
The user warrants that it holds all necessary rights to the Input and that the Input does not infringe any third-party rights.

8.3 Rights to Output:
To the extent permitted under applicable law and subject to full payment of the agreed fees, MAZING GmbH transfers all ownership and usage rights to the Output generated for the user.
The user is responsible for the use of the Output and for compliance with applicable laws.
MAZING GmbH assumes no responsibility for the similarity of Outputs to third-party works.
All ownership and usage rights to the generated Outputs remain the property of MAZING GmbH until full payment of the agreed fees has been received.
Only upon receipt of full payment do these rights transfer to the user.

8.4 Responsibility:
It is the sole responsibility of the user to verify the Output for correctness, appropriateness and legality before use.

8.5 Credit System:
(a) The use of the AI Apps is based on Credits. The user is allocated a monthly Credit quota in the Individual Contract.
(b) Renewal cycle: Unless explicitly agreed otherwise as an annual quota in the Individual Contract, the Credits renew at the beginning of each new billing month.
(c) Expiry: Monthly Credits expire at the end of the respective month without replacement (“use-it-or-lose-it”). For agreed annual quotas, the provisions of the Individual Contract regarding term and expiry apply.
(d) Exhaustion: If the Credit quota is exhausted before the end of the period, no further generation of content is possible until the new period begins or a paid add-on package is purchased.

8.6 Professional Services (Mass Creation):
Where MAZING is commissioned within the scope of “Professional Services” to create content (images, 3D models) in bulk for the user, the following additionally applies:
(a) The user ensures that all provided Input has been lawfully acquired and does not infringe any third-party rights.
(b) MAZING does not review the Input for third-party rights. The user bears sole responsibility for the legal admissibility of the Input and for the intended use.
(c) The user indemnifies MAZING against all third-party claims arising from the creation or use of the content created within the scope of the Professional Services.

9. Rights of MAZING GmbH

MAZING GmbH is entitled, on the basis of an electronic amendment notice to be transmitted at least one (1) month in advance, to change the access links, provided that this is reasonable for the user taking their interests into account.

10. Rights and Obligations of the User

10.1
The user is responsible for the acts and omissions of its users and affiliated companies as for its own acts and omissions and obligates them to use MAZING World in accordance with the contract.
Furthermore, the user is prohibited from licensing, selling, leasing, renting or otherwise making MAZING World content available to third parties.
The user maintains appropriate security standards for the use of MAZING World.
The user is solely responsible for providing and maintaining its network connections and telecommunications links and for all problems and delays arising therefrom.
In the event of such access or use, the user shall immediately notify MAZING GmbH.

10.2
The user ensures that neither it nor its users introduce, store, distribute or transmit any virus through MAZING World.
The user further ensures that no content is introduced, stored, distributed or transmitted that
(i) is inappropriate or
(ii) infringes rights, copyrights, is otherwise unlawful or enables unlawful or infringing activities.
This applies in particular to the Input provided to the AI Apps.
In the event of a breach of these requirements, MAZING GmbH is entitled to remove content which MAZING GmbH, in its own assessment, assumes to be inappropriate.
The right to terminate the Individual Contract for cause pursuant to Clause 14.2 remains unaffected.

10.3
The user indemnifies MAZING GmbH against all damages, costs and other expenses arising from a breach of Clause 10.2 by the user.

10.4
The user is responsible for monitoring the use of MAZING World and is obliged to notify MAZING GmbH immediately and in writing of any irregularities.

10.5
The user warrants that it holds all necessary third-party rights to the submitted photos, 3D models, Inputs or other materials and permits their use for the creation and integration of 3D and AR models and for processing by the AI Apps.
The user indemnifies MAZING GmbH against all third-party claims arising from unauthorized use.

10.6 Integration and Removal:
Where MAZING GmbH provides integration services (e.g. embedding in webshops, Shopify, WooCommerce, etc.), securing the shop system prior to commencement of the work is the responsibility of the user.
MAZING GmbH is not liable for damages, data loss, malfunctions or incompatibilities to the shop system or the user’s website arising in the course of the integration unless caused by gross negligence or intent of MAZING GmbH.
After termination of the contractual relationship, the user is solely responsible for removing all scripts, code snippets, plugins and links of MAZING World from its websites. MAZING GmbH owes no dismantling and no deinstallation.

11. Links to Subservices

11.1
MAZING World may contain links to web services that are offered by third-party providers on external websites, which can be accessed via the Service and are subject to the terms of use of these third-party providers.
MAZING GmbH merely provides technical access to the content of such embedded websites, for whose content only these third-party providers are responsible.

12. Service Level Agreement

12.1
MAZING World is provided using reasonable efforts to comply with the availability specified in the SLA during the contract term.

12.2
If the monthly measured availability
(a) in two (2) consecutive calendar months is less than 99%; or
(b) in three (3) calendar months within one contract year is less than 95%,
the user may terminate the contract with a notice period of 15 days after the occurrence of the non-compliance by written notification to MAZING GmbH.
The termination becomes effective at the end of the calendar month in which MAZING GmbH receives the termination.
Services already paid for are refunded pro rata to the regular end of the contract term.

12.3
Subject to any claims for damages, in the event of a breach of the SLA, any further claims of the user are excluded in addition to the right of termination.

12.4
User-specific end devices that do not meet the system requirements pursuant to the Individual Contract are excluded from the SLA.

13. Use of Data for Development

13.1
MAZING GmbH and its affiliated companies, subcontractors and external service providers may collect, use and disclose quantitative data for the purposes of creating benchmarking studies, for marketing purposes or for other business purposes, and prepare analyses.

13.2
All data collected in this way is anonymized and aggregated and will not identify the user, its users or any other third parties included in the data.
Examples of the use of such analyses include: resource and support optimization, performance improvements, product development, verification of data security and integrity; internal data products such as industry trends and developments and anonymous benchmarking.

14. Term and Termination of the Individual Contract

14.1
The term of an Individual Contract begins on the date specified in the Individual Contract, but no later than upon the first provision of the Service (see Clause 3 of these Conditions).
Individual Contracts run for the Initial Term of 12 months unless otherwise agreed in the Individual Contract (“Initial Term”).
The Initial Term is automatically extended by a further 12 months (“Extended Contract Term”; Extended Contract Term and Initial Term together the “Contract Term”) unless one party terminates the Individual Contract in writing with 30 (thirty) days’ notice prior to the end of the respective term.
Subject to the foregoing and unless otherwise agreed in writing in the Individual Contract, an Individual Contract may only be terminated for cause in accordance with the following provisions of this Clause 14.

14.2
Without prejudice to any other claims, each party is entitled to terminate an Individual Contract in writing for cause with immediate effect in the following cases:
(a) The user commits a material breach of contract and, in the case of a remediable breach, is not willing or able to remedy the breach within 30 (thirty) days after receipt of a written warning; or
(b) Insolvency proceedings are opened over the user’s assets (or a corresponding proceeding under local law) or the opening of insolvency proceedings is rejected for lack of assets.

(c) For clarification, the parties agree that a right of termination due to failure to comply with the Service uptime only exists under the conditions of Clause 12.2 and is not excluded under Clause 12.4.

14.3
Upon any termination of an Individual Contract:
(a) all rights to use the Service under these Conditions and the Individual Contract end; and
(b) the user shall cease any use of the Service, the documentation and all copies thereof and shall, at its own option, either
(i) delete or destroy all such items and, upon request of MAZING GmbH, provide a declaration regarding all commercially reasonable deletion/destruction undertaken; or
(ii) return them to MAZING GmbH.
The user is entitled to retain one copy of the documentation for archiving purposes.
In addition, the user must comply with the obligation to remove scripts pursuant to Clause 10.6.

15. Platform- Hosting Fee and Payment Terms

15.1
Platform and hosting fees apply only to Individual Contracts.
These fees are billed annually in advance.
Unless otherwise agreed in the Individual Contract, payments are due within 30 days of the invoice date without deduction.

15.2
Upon default, MAZING GmbH may charge default interest at the statutory rate.
MAZING GmbH may suspend access to the Service, in whole or in part, after an unsuccessful grace period until payment has been made.

15.3
The platform and hosting fees do not include taxes and duties.
Where MAZING GmbH is required to pay any taxes in connection with the performance under an Individual Contract, these will be charged to the user in addition at the applicable rate.

15.4
Unless an extension of the Individual Contract is agreed within 60 days prior to the end of the Individual Contract, MAZING GmbH is entitled to adjust the platform and hosting fee for a further twelve (12) months with effect from the day following the next anniversary of the effective date of the Individual Contract.
If MAZING GmbH increases the hosting fee, the increase may correspond to the percentage of the labor cost index published by Statistics Austria (Bundesanstalt Statistik Österreich) preceding the increase.

16. Warranty

16.1
The quality and functionality of the services owed under MAZING World are conclusively agreed in the Individual Contract and the documents referenced therein.
Maintenance and support services are provided by MAZING GmbH with commercially reasonable care and in accordance with generally accepted technical standards.
MAZING GmbH does not owe any additional services or features.
In particular, MAZING GmbH does not warrant problems:
(a) caused by incorrect use;
(b) that the user’s intended objectives will be achieved with the Service;
(c) that the Service was developed to meet the individual requirements of the user;
(d) that the Service operates without problems outside the system requirements;
(e) data losses or unauthorized access that could not have been prevented by appropriate, state-of-the-art security measures.

16.2
MAZING GmbH warrants that the Service meets the specifications agreed in the Individual Contract and the documentation during the contract term.

16.3
MAZING GmbH shall remedy defects reported by the user in writing or electronically in a comprehensible form within a reasonable period of time at no cost.
MAZING GmbH may, at its own discretion, fulfill its obligation to remedy defects by providing a new, defect-free version of the Service at its own expense.

16.4
If replacement or repair of the Service or parts thereof is unreasonable, if the defect remedy fails or if the defect is not described in the documentation, the user is entitled, in the case of not only insignificant defects, either to demand a reduction of the hosting fee or to terminate the Individual Contract.
MAZING GmbH does not pay damages or compensation for wasted expenses due to a defect.

16.5
The assertion of claims for material defects has no effect on other contracts concluded between the user and MAZING GmbH.

16.6
To the extent permitted by law, the warranty rights provided are final.

16.7
The parties agree that the user’s order of the Service is not dependent on future functionalities or features, public announcements, or other statements by MAZING GmbH regarding future functionalities or features of the Service.

16.8
Exclusion of Warranty for AI Apps:
With regard to the AI Apps, MAZING GmbH does not warrant that the Output is error-free or suitable for a particular purpose of the user.
Due to the technical nature of generative AI, it cannot be excluded that content is generated that resembles works of third parties or contains factual inaccuracies.

17. Liability

17.1
MAZING GmbH is liable for damages and reimbursement of expenses arising from or in connection with the respective Individual Contract, regardless of the legal basis, only in the following cases:

(a) MAZING GmbH is liable to the user for demonstrably culpable damages only in cases of gross negligence.
This applies accordingly to damages caused by third parties engaged by MAZING GmbH.

(b) Liability for indirect damages – such as loss of profit, costs associated with business interruption, data loss, damages resulting from faulty AI App Outputs, damages to the shop system due to integrations (Clause 10.6) or claims of third parties – is expressly excluded.

(c) Claims for damages become time-barred in accordance with statutory provisions, but no later than upon expiry of one year from knowledge of the damage and the injuring party.

Where MAZING GmbH performs the work with the assistance of third parties and warranty and/or liability claims arise against such third parties, MAZING GmbH assigns such claims to the user.
In this case, the user shall primarily assert such claims against those third parties.

So long as and insofar as obligations cannot be fulfilled in due time or properly due to force majeure, such as war, terrorism, natural disasters, fire, strike, lockout, embargo, governmental interventions, power outages, failure of transportation means, failure of telecommunications networks or data lines, legislative changes affecting the Services after contract conclusion or other non-availability of products, this does not constitute a breach of contract.

In cases of slight negligence not covered by Clause 14.1.1, MAZING GmbH is only liable for the breach of so-called cardinal obligations (i.e. obligations whose fulfillment enables the proper performance of the contract and on whose compliance the user regularly relies and may rely).
In such cases, liability for any damages arising under an Individual Contract is limited
(i) per claim to EUR 2,000 and
(ii) for all damages arising within a calendar year in total to twice the remuneration payable within that calendar year under the Individual Contract.

17.2
The defense of contributory negligence (e.g. breach of the user’s obligations) remains unaffected.
The liability limitations do not apply in the case of liability under the Product Liability Act.

17.3
For all claims against MAZING GmbH for damages or reimbursement of wasted expenses, whether contractual or non-contractual, the statutory limitation periods apply.

17.4
MAZING GmbH is not liable for the duration and in cases in which it is prevented from fulfilling its obligations, in whole or in part, due to events beyond the control of MAZING GmbH which it could not foresee and for which it is not responsible.
This includes in particular the following events: strike, lockout or other labor disputes (whether relating to MAZING GmbH employees or third parties), failure of third-party infrastructure services not under MAZING GmbH’s control, or transportation networks, war, uprisings, accidents, fire, flood and other natural disasters.
MAZING GmbH will inform the user without delay of the occurrence of a force majeure event.

17.5
In the event of damages and expenses of the user caused by viruses for which the user is not responsible, MAZING GmbH is only liable in case of fault, within the scope of the above provisions and only provided that the virus could have been detected and removed by appropriate, current protection mechanisms on the part of MAZING GmbH.

18. Confidentiality

18.1
Each party retains all rights to its confidential information.

18.2
Subject to Clause 14, each party undertakes to treat all Confidential Information disclosed prior to or in connection with an Individual Contract as confidential and to use it only for the performance of the Individual Contract.
Confidential Information may only be copied for the purpose of fulfilling the contract and any copies must bear the confidentiality notices of the original.
With regard to the Confidential Information of the other party, each party undertakes
(a) to safeguard it with reasonable care; and
(b) to disclose it only to those representatives whose knowledge of the Confidential Information is required for performance of the Individual Contract and who are bound to confidentiality at least to the same extent as under these Conditions.
Each party is responsible for compliance by its representatives as for its own actions.

18.3
Each party undertakes to inform the other party in writing of any actual or suspected misuse, unlawful use or unauthorized disclosure of Confidential Information of the disclosing party of which the receiving party becomes aware.

18.4
The confidentiality obligations do not apply to Confidential Information which the receiving party can prove
(a) was independently developed without use of the Confidential Information;
(b) became known from another authorized source;
(c) was publicly known at the time of disclosure or becomes publicly known without fault;
(d) was already known to the receiving party;
(e) is disclosed with prior written consent of the disclosing party; or
(f) must be disclosed due to statutory provisions or a court, authority or regulatory order.
In such case, the receiving party shall, insofar as legally permissible, immediately inform the disclosing party of the relevant order to enable it to seek legal protection or otherwise prevent or limit disclosure.

18.5
The provisions of this Clause 18 shall apply for three (3) years after termination of the respective Individual Contract under which the Confidential Information was disclosed.

19. Feedback

19.1
During the term of an Individual Contract, the user may voluntarily provide MAZING GmbH with information relating to the Services, the software, products, services, business or technology plans, in particular comments or suggestions regarding the creation, modification, adjustment, correction or improvement of MAZING World, products and/or services.
The user provides all Feedback voluntarily.
To ensure MAZING GmbH’s unrestricted right to use the Feedback, the user grants MAZING GmbH a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable and freely sublicensable right to use the Feedback without restriction in all forms of exploitation.
This includes in particular the right to integrate the Feedback into all software, products and services and to reproduce, edit, translate, distribute to customers, partners, distributors and other third parties, publicly perform and allow such acts to be performed by licensees, customers and other third parties.
The user waives the right to be named.

20. Final Provisions

20.1
For the contractual relationship, unless otherwise agreed, the statutory provisions applicable between entrepreneurs shall apply exclusively under Austrian law, even if the order is performed abroad.
The exclusive place of jurisdiction for any disputes is the court with subject-matter jurisdiction at the registered office of the contractor.
The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

20.2
MAZING GmbH is entitled to have the Service performed in whole or in part by suitable subcontractors.
MAZING GmbH is liable for such subcontractors as for its own acts.

20.3
Should one or more of the above provisions be invalid, the remaining provisions shall remain unaffected.
In such case, MAZING GmbH and the user shall replace the invalid provision with a valid one that comes closest to the economic purpose of the invalid provision.

20.4
Those provisions which by their nature continue after termination of the Individual Contract shall remain in force even after termination.
This applies in particular to Clauses 8 to 17.

20.5
In the event of disputes arising from this contract that cannot be settled amicably, the parties agree to engage registered mediators (ZivMediatG) specializing in commercial mediation from the list of the Ministry of Justice for out-of-court dispute resolution.
If no agreement can be reached regarding the selection of mediators or the substance, legal action may be initiated at the earliest one month after the failure of negotiations.

20.6
In the event of unsuccessful or aborted mediation, Austrian law shall apply in any subsequent court proceedings.
All necessary expenses incurred as a result of prior mediation, in particular for legal counsel, may be claimed as “pre-litigation costs” in court or arbitration proceedings.