Offer Terms for MAZING World
Version: 31.01.2026
1. Definitions
“AI Apps” are part of MAZING World and refer to the software modules and tools provided under the domain world.mazingxr.com (and associated subdomains) that use artificial intelligence to create, edit or analyse content.
“User” is the contractual partner of MAZING GmbH defined in the Individual Contract.
“Display Objects” are optimised photorealistic 3D objects that are deemed part of MAZING World and are displayed at the User’s end.
“Augmented Reality” is the combination of real images, usually camera footage, and virtual images.
“Credits” refers to the currency units within the AI Apps that are consumed for the generation of content.
“Individual Contract” is the order form or the offer in which the ordered Service is specified.
“Initial Term” is the initial contract term agreed in an Individual Contract.
“Input” is all data, texts, images, 3D models or other information that the User enters into or uploads to the AI Apps in order to generate a result.
“MAZING World” (formerly MAZINGXR Solution) is the software platform operated by MAZING GmbH. It comprises: a) the standard software for visualising 3D models on websites and in augmented reality (MAZINGXR); b) the functions developed and provided by MAZING GmbH for creating digital content by means of artificial intelligence (AI Apps). The term includes Updates but does not include any customer-specific modifications or add-ons to the software, unless otherwise agreed.
“Named User Licence” (named user) refers to a licence type under which access to the software is assigned to exactly one natural person.
“Output” is the visual content, 3D models, texts or other results generated by the AI Apps on the basis of the Input.
“Platform and Hosting Fee” is the fee agreed in an Individual Contract. It compensates not only the technical storage (hosting) but in particular the right to access the platform (SaaS licence), the Credits for AI Apps and the use of the services of MAZING World.
“Service” is the access to and use of the functionalities of the software through the provided links and logins in accordance with the provisions of the contract.
“Service Level Agreement (SLA)” describes the availability of the software and the associated support services (Clause 12).
“Subservices” are those functions that are provided by operating systems on end devices (in particular smartphones).
“Updates” are all new versions, releases, other error corrections and patches that MAZING GmbH makes available as part of the maintenance and support services as part of the Service.
“Customary Care” is the application of the care that the receiving party also exercises in protecting its own confidential information of the same kind, but at least reasonable care.
“Confidential Information” is information of the respective 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, designs, trade secrets, software, documents, data or information which, when disclosed, a) is clearly designated or marked as “confidential” or “proprietary” or similar, or b) in the case of oral or visual disclosure, is designated as confidential at the time of disclosure.
“Maintenance and Support Services” are the technical services for maintaining operation and ensuring availability (hosting) to the extent of the respective Individual Contract. Maintenance and support services are not provided for third-party applications.
2. Subject Matter of the Terms
MAZING GmbH provides the User with access to and use of the functionalities and content of the MAZING World platform. The Service and the Platform and Hosting Fee agreed for it comprise access to and use of the functionalities of MAZING World (including XR and AI Apps), the provision of Credits in accordance with the Individual Contract, the maintenance and support services and the displayed content, in each case to the extent agreed in the Individual Contract.
3. Individual Contract
An Individual Contract is deemed accepted by the User on the day on which the User signs the respective Individual Contract in writing or electronically and transmits it to MAZING GmbH, or otherwise declares its consent by confirming an “I accept” field or a similar electronic method of acceptance. These Terms also apply to additional services such as installation, integration, parameterisation and adaptation of MAZING World to the needs of the User as well as the development, optimisation and management of the Display Objects.
4. Provision
4.1 Upon acceptance of the Individual Contract by the User, MAZING GmbH provides the User with the access credentials to MAZING World by e-mail in accordance with the delivery terms set out in the Individual Contract.
4.2 The Service is deemed initially provided upon provision of the access credentials pursuant to Clause 4.1.
5. Platform and Hosting Services
5.1 The maintenance and provisioning services are an essential component of MAZING World and are stated as the Platform and Hosting Fee.
5.2 MAZING GmbH is entitled to update the services at regular intervals during the contract term and to notify the User of adjustments by e-mail at its own discretion. MAZING GmbH ensures that, viewed reasonably, no reduction in the scope of services and no unreasonable change occurs as a result of the update. Any termination rights of the parties remain unaffected.
6. Access to MAZING World
6.1 In relation to the User, MAZING GmbH holds all rights (in particular intellectual property rights) in MAZING World, the documentation and the further developments.
6.2 MAZING GmbH grants the User, for the duration of the contract term, the non-exclusive, non-transferable and worldwide right to access the services defined in Clause 2 and to use them for its own purposes to the extent of the Individual Contract.
7. Use of MAZING World and Named User Licence
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 or organisations is not permitted.
7.2 The right of use exists only to the extent agreed in the respective Individual Contract. In particular, the parties may agree therein on restrictions regarding the number of views, generated AI content or access links.
7.3 Named User Policy (licence restriction): access to MAZING World is granted on the basis of personal licences (Named User). This means: (a) A user account may only be used by a single, named natural person. (b) The disclosure of access data (username, password) to third parties or other employees of the User (account sharing) is prohibited. (c) A transfer of the licence to another person is only permitted if the original user permanently ceases use (e.g. upon leaving the company).
7.4 MAZING GmbH is entitled to integrate technical measures into the Service that make it possible to monitor compliance with the agreed usage restrictions (in particular account sharing and credit consumption). No content of the User will be disclosed in the process. Upon written request, a written report on the findings will be made available to the User.
7.5 The User may object to the findings within thirty (30) days of receipt. If no objection is made, it is deemed established that the User has used the Service outside the agreed scope of use. In this case, MAZING GmbH will cooperate with the User to align the actual use with the scope defined in the Individual Contract. If, despite reasonable efforts, no agreement is reached, MAZING GmbH is entitled to claim additional fees on the basis of the current price list or to withhold the provision of the service.
8. AI Apps: Input, Output and Credits
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 and (ii) Outputs are not necessarily unique and other users may obtain similar results.
8.2 Rights in the Input: the User retains all rights in its Input. It grants MAZING GmbH a worldwide, non-exclusive and royalty-free right to store, copy and process the Input to the extent necessary for the provision of the Services and the generation of the Output. The Input is currently not used for the training or improvement of AI models, neither by AI models operated by MAZING GmbH itself nor by externally integrated AI models. Should MAZING GmbH in future proceed to use Input for the improvement of its own AI models, the User will be informed in advance and may object to such use at any time with effect for the future in text form (opt-out); such use may also be completely excluded from the outset in the Individual Contract. The User warrants that it holds all necessary rights in the Input and that the Input does not infringe any third-party rights.
8.3 Rights in the Output: to the extent permitted under applicable law and subject to full payment of the agreed fees, MAZING GmbH transfers to the User all ownership and usage rights in the Output generated for the User. Until full payment has been made, all ownership and usage rights in the Output remain with MAZING GmbH; upon receipt of full payment, they pass to the User. The User is itself responsible for the use of the Output and for compliance with applicable laws. MAZING GmbH assumes no responsibility for the similarity of Outputs to works of third parties.
8.4 Responsibility: it is solely incumbent on the User to review the Output for accuracy, appropriateness and lawfulness before use.
8.5 Credit system: (a) The AI Apps are used on the basis of Credits. The User is allocated a monthly quota of Credits in the Individual Contract. (b) Renewal cycle: unless explicitly agreed otherwise in the Individual Contract as an annual quota, 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. For agreed annual quotas, the provisions on term and expiry set out in the Individual Contract 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 additional package is purchased.
8.6 Professional Services (bulk creation): insofar as MAZING GmbH is commissioned within the scope of Professional Services to create content (images, 3D models) in bulk for the User, the following applies in addition: (a) The User ensures that all Input provided has been lawfully acquired and does not infringe any third-party rights. (b) MAZING GmbH does not review the Input for third-party rights. The User bears sole responsibility for the legal permissibility of the Input and the intended use. (c) The User indemnifies MAZING GmbH against all third-party claims resulting 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 notice of adjustment to be transmitted at least one (1) month in advance, to change the access links, provided this is reasonable for the User taking its 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 shall oblige them to use MAZING World in accordance with the contract. The User is prohibited from licensing, selling, leasing, renting or otherwise making MAZING World or its content available to third parties. The User maintains appropriate security standards for the use of MAZING World. It is solely responsible for providing and maintaining its network and telecommunications connections as well as for all problems and delays arising therefrom. It shall inform MAZING GmbH without undue delay of any unauthorised access or unauthorised use.
10.2 The User shall ensure that it and its users do not introduce, store, distribute or transmit any viruses in the course of using MAZING World. It shall further ensure that no content is introduced, stored, distributed or transmitted that (i) is inappropriate or (ii) is infringing, violates copyrights, is otherwise unlawful or enables unlawful or infringing activities. This applies in particular also to the Input fed into the AI Apps. In the event of a breach of these requirements, MAZING GmbH is entitled to remove content which, in its own assessment, it considers to be inappropriate content. The right to terminate the Individual Contract for good cause (Clause 14.2) remains unaffected.
10.3 The User indemnifies MAZING GmbH against all damages, costs and other expenses arising from the User’s breach of this Clause 10.2.
10.4 The User is responsible for monitoring the use of MAZING World within its sphere and shall report irregularities to MAZING GmbH without undue delay and in writing.
10.5 The User warrants that it holds all necessary rights in the transmitted photos, 3D models, Inputs or other materials and permits MAZING GmbH to use them for the creation and integration of 3D and AR models as well as for processing by the AI Apps. It indemnifies MAZING GmbH against all third-party claims resulting from unauthorised use.
10.6 Integration and removal: insofar as MAZING GmbH provides integration services (e.g. integration into web shops such as Shopify, WooCommerce), the User is responsible for backing up the shop system before work begins. MAZING GmbH is not liable for damage, data loss, malfunctions or incompatibilities of the User’s shop system or website arising in the course of the integration, unless these are due to gross negligence or intent on the part of MAZING GmbH. Upon termination of the contractual relationship, the User is solely responsible for removing all scripts, code snippets, plugins and links to MAZING World from its websites. MAZING GmbH does not owe any removal or deinstallation.
11. Links to Subservices and Third-Party Providers
MAZING World may contain links to web services offered by third-party providers on external websites, which are subject to the terms of use of those third-party providers. MAZING GmbH merely provides technical access to the content of such integrated websites; those third-party providers are solely responsible for their content.
12. Service Level Agreement
12.1 MAZING GmbH guarantees an availability of 99.0% on a monthly average for MAZING World. Details on measurement, exceptions (in particular announced maintenance windows, disruptions of third-party services and force majeure) as well as the support services are governed by the document “Service Level Agreement and Support Terms” in its respective current version.
12.2 If the monthly measured availability (a) reaches less than 99% in two (2) consecutive calendar months or (b) amounts to less than 95% in three (3) calendar months within one contract year, the User may terminate the Individual Contract in writing within 15 days of the occurrence of the non-compliance. The termination takes effect at the end of the calendar month in which MAZING GmbH receives the termination. Fees already paid for service periods no longer used will be refunded on a pro-rata basis.
12.3 Subject to any claims for damages pursuant to Clause 17, in the event of a breach of the SLA, further claims of the User beyond the right of termination are excluded.
12.4 Excluded from the SLA are user-specific end devices that do not meet the system requirements pursuant to the Individual Contract.
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 usage data for the purposes of producing benchmarking studies, for marketing purposes or other business purposes, and may prepare analyses.
13.2 All data collected in this way is anonymous and aggregated and identifies neither the User nor its users or other third parties. Examples of the use of analyses: resource and support optimisation, performance improvements, product development, verification of data security and integrity, internal data products such as industry trends and anonymous benchmarking.
14. Term and Termination of the Individual Contract
14.1 The term of an Individual Contract begins on the day specified in the Individual Contract, but no later than upon initial provision of the Service (Clause 4). Individual Contracts run for the Initial Term of 12 months, unless a deviating provision has been agreed in the Individual Contract. The term is subsequently extended by further periods of 12 months each (together the “Contract Term”), unless a party terminates the Individual Contract in writing subject to a notice period of 30 (thirty) days to the end of the respective term. Otherwise, an Individual Contract may only be terminated extraordinarily in accordance with the following provisions of this Clause 14, unless otherwise agreed in writing in the Individual Contract.
14.2 Without prejudice to other claims, each party is entitled to terminate an Individual Contract extraordinarily in writing with immediate effect if: (a) the other party 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 of receipt of a written warning despite such warning; or (b) insolvency proceedings (or comparable proceedings under local law) are opened over the assets of the other party or the opening of insolvency proceedings is rejected for lack of assets. (c) For clarification: a right of termination for non-compliance with availability exists only under the conditions of Clause 12.2.
14.3 Upon termination of an Individual Contract: (a) all rights to use the Service pursuant to these Terms and the Individual Contract end; and (b) the User shall cease all use of the Service, the documentation and all copies thereof and shall, at its own choice, (i) delete or destroy all corresponding items and, upon request by MAZING GmbH, confirm the deletion or destruction in writing, 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 and Hosting Fee and Payment Terms
15.1 The Platform and Hosting Fee is invoiced annually in advance. Unless otherwise agreed in the Individual Contract, payments are due within 30 days of the invoice date without deduction.
15.2 From the due date, MAZING GmbH may charge default interest at the applicable statutory default interest rate. If the User is in default of payment, MAZING GmbH may, after the fruitless expiry of a reasonable grace period, temporarily block access to the Service in whole or in part until payment has been made.
15.3 The Platform and Hosting Fees are exclusive of taxes and duties. Insofar as MAZING GmbH has to pay taxes with regard to the provision of services under an Individual Contract, these will be invoiced to the User additionally at the applicable rate.
15.4 Unless an extension of the Individual Contract is agreed within 60 days before the end of the respective Contract Term, MAZING GmbH is entitled to adjust the Platform and Hosting Fee for the following renewal period of twelve (12) months with effect from the respective anniversary of the entry into force of the Individual Contract. An increase may not exceed the percentage change in the labour cost index of Statistics Austria (Bundesanstalt Statistik Österreich) preceding the increase.
16. Warranty
16.1 The quality and functionality of the services owed are conclusively agreed in the Individual Contract and the documents referred to therein. MAZING GmbH provides maintenance and support services with customary care and in accordance with the recognised rules of technology. MAZING GmbH does not owe any additional services or service features. In particular, MAZING GmbH does not warrant that: (a) problems caused by incorrect use will not occur; (b) the objectives pursued by the User will be achieved with the Service; (c) the Service has been developed to meet individual requirements of the User; (d) the Service functions without errors outside the system requirements. (e) MAZING GmbH also provides no warranty for data loss or unauthorised access that could not have been prevented by appropriate, state-of-the-art security within the framework of the respective current security structure of the Services.
16.2 MAZING GmbH warrants that the Service will meet the specifications agreed in the Individual Contract and the documentation during the Contract Term.
16.3 During the Contract Term, MAZING GmbH will remedy, free of charge and within a reasonable period, defects that the User reports in writing or electronically in a comprehensible form. MAZING GmbH may, at its own choice, also fulfil its obligation to remedy defects by providing, at its own expense, a new, defect-free version of the Service.
16.4 If the replacement or repair of the Service or parts thereof is unreasonable or if the remedying of defects fails, the User is entitled, in the case of defects that are not merely insignificant, either to demand a reduction of the Platform and Hosting Fee or to terminate the Individual Contract. MAZING GmbH pays damages for a defect only in accordance with Clause 17.
16.5 If the User asserts claims for material defects, this has no effect on other contracts concluded between it and MAZING GmbH.
16.6 To the extent permitted under applicable law, the warranty rights provided for are exhaustive.
16.7 The parties agree that the User’s order of the Service is not contingent on future functionalities or features of the Service or on public announcements or other statements by MAZING GmbH regarding future functionalities.
16.8 Warranty disclaimer 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 bears similarities to works of third parties or contains factual inaccuracies.
17. Liability
17.1 MAZING GmbH is liable for damages and the reimbursement of expenses arising from or in connection with the respective Individual Contract, irrespective of the legal ground, only in cases of intent and gross negligence. This applies mutatis mutandis to damages attributable to third parties engaged by MAZING GmbH.
17.2 In cases of slight negligence, MAZING GmbH is liable only for the breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract in the first place and on the observance of which the User may regularly rely. In these cases, liability is limited (i) to EUR 2,000 per claim and (ii) for all damages within one calendar year in total to twice the remuneration payable within that calendar year pursuant to the Individual Contract.
17.3 Liability for indirect and consequential damages, such as lost profits, costs of business interruption, data loss, damages resulting from the use of erroneous Outputs of the AI Apps, damage to the shop system caused by integrations (Clause 10.6) or third-party claims, is excluded to the extent permitted by law.
17.4 The foregoing limitations of liability do not apply in cases of personal injury or liability under the Product Liability Act. The defence of contributory negligence (e.g. breach of the User’s obligations pursuant to Clause 10) remains unaffected.
17.5 If MAZING GmbH provides services with the assistance of third parties and warranty or liability claims against these third parties arise in this connection, MAZING GmbH shall assign these claims to the User upon request. In this case, the User shall have primary recourse to these third parties.
17.6 Force majeure: to the extent and for as long as obligations cannot be fulfilled on time or properly as a result of force majeure, this does not constitute a breach of contract and does not give rise to liability. Force majeure includes in particular: war, terrorism, riots, natural disasters, fire, flood, strike, lockout or other industrial disputes (whether involving its own employees or third parties), embargo, governmental intervention, failure of the power supply, failure of means of transport, failure of telecommunications networks or data lines, failure of infrastructure services of third parties beyond the control of MAZING GmbH, as well as changes in the law after conclusion of the contract that affect the services. MAZING GmbH will inform the User without undue delay of the occurrence of such an event.
17.7 In the event of damages and expenses of the User caused by viruses for which the User itself is not responsible, MAZING GmbH is liable only in cases of fault, within the framework of the foregoing provisions and only under the further condition that the virus could have been detected and eliminated by appropriate, up-to-date protective mechanisms on the part of MAZING GmbH.
17.8 Claims for damages against MAZING GmbH become time-barred within twelve (12) months of knowledge of the damage and the party responsible, but no later than within the statutory limitation periods. This does not apply in cases of intent.
18. Confidentiality
18.1 Each party reserves all rights in its Confidential Information.
18.2 Each party undertakes to treat as confidential all Confidential Information of the respective other party disclosed to it or becoming accessible to it before conclusion of or in connection with an Individual Contract and to use it only for the performance of the Individual Contract. Confidential Information may only be reproduced for the fulfilment of the purpose of the contract; each reproduction must bear the confidentiality notices of the original. Each party undertakes to (a) keep Confidential Information of the other party with customary care and (b) disclose it only to those representatives whose knowledge is required for the performance of the Individual Contract and who are bound to confidentiality to at least the same extent. Each party is responsible for compliance with these provisions by its representatives as for its own actions.
18.3 Each party shall inform the other party in writing of any actual or suspected misuse, any unlawful use or unauthorised disclosure of Confidential Information of the disclosing party of which it becomes aware.
18.4 The provisions do not apply to Confidential Information for which the receiving party can demonstrate that it (a) was developed by it independently and without use of the Confidential Information; (b) became known to it without restriction from another source entitled to disclose it; (c) was already publicly known at the time of disclosure through no fault of its own or became publicly known thereafter; (d) was already known to it without restriction at the time of disclosure; (e) is disclosed with the prior written consent of the disclosing party; or (f) must be disclosed on the basis of a statutory provision or a judicial, official or regulatory order. In this case, the receiving party will, to the extent legally permissible, promptly inform the disclosing party in order to enable it to seek legal protection or to limit the disclosure.
18.5 The provisions of this Clause 18 apply in each case for three (3) years after termination of the respective Individual Contract under which the relevant Confidential Information was provided.
19. Feedback
During the Contract Term, the User may voluntarily provide MAZING GmbH with information, comments or suggestions relating to the Services, the software, products or business and technology plans (“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 conceivable forms of exploitation, in particular to integrate it into software, products and services, to reproduce, edit, translate, distribute and publicly communicate it, and to have these acts performed by licensees, customers and other third parties. The User waives the right to be named.
20. Final Provisions
20.1 Unless otherwise agreed, the contractual relationship is governed exclusively by Austrian law to the exclusion of its conflict-of-law rules, even if the order is performed abroad. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply. For disputes, the exclusive local jurisdiction of the court with subject-matter jurisdiction at the registered office of MAZING GmbH is agreed.
20.2 MAZING GmbH is entitled to have the Service provided in whole or in part by suitable subcontractors. MAZING GmbH is liable for subcontractors engaged by it as for its own actions.
20.3 Should one or more of these Terms be invalid, the remaining Terms shall remain unaffected. In such a case, the parties are obliged to replace the invalid term with a valid one that comes closest to the economic purpose of the invalid term.
20.4 Provisions which by their nature are intended to survive termination of the Individual Contract shall continue to apply after termination; this applies in particular to Clauses 8 to 18.
20.5 In the event of disputes arising from this contract that cannot be resolved amicably, the contracting parties agree to involve registered mediators (Austrian Civil Law Mediation Act, ZivMediatG) specialising in commercial mediation from the list of the Ministry of Justice for the out-of-court settlement of the conflict. If no agreement can be reached on the selection of the mediators or on the substance, legal proceedings will be initiated no earlier than one month after the failure of the negotiations.
20.6 In the event of a mediation that does not take place or is discontinued, Austrian law applies in any court proceedings that may be initiated. All necessary expenses incurred as a result of prior mediation, in particular those for legal advisers involved, may, as agreed, be claimed as pre-litigation costs in court or arbitration proceedings
