Terms and Conditions

Augmento FZCO Last updated: [DATE] Effective date: [DATE]

Draft notice: This document is a working draft prepared for internal review. It is not legal advice. Have UAE counsel (and Brazilian counsel for LGPD-facing experiences) review before publishing.

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the websites, platforms, applications, App Clips, augmented reality ("AR") experiences, APIs, SDKs, dashboards, and related services (collectively, the "Services") operated by Augmento FZCO ("Augmento", "we", "us", or "our"), a free zone company incorporated in Dubai, United Arab Emirates, with registered offices in Dubai Silicon Oasis.

By accessing or using the Services, you ("you", "User", or "Customer") agree to be bound by these Terms. If you do not agree, do not use the Services.

If you are entering these Terms on behalf of an organisation (an "Enterprise Customer"), you represent that you have authority to bind that organisation, and "you" includes that organisation.

2. Definitions

3. Eligibility

You must be at least 16 years old (or the age of digital consent in your jurisdiction, whichever is higher) to use the Services. Customers (account holders, paying users) must be at least 18 years old and legally capable of entering binding contracts.

Certain features (such as identity-verified leaderboards, sponsor reward redemption, or financial transactions) may require additional verification or higher minimum ages. We reserve the right to refuse service, terminate accounts, or remove content at our discretion.

4. Account Registration

To access most Services you must create an account. You agree to:

• Provide accurate, current, complete information.
• Keep credentials confidential and secure.
• Notify us promptly of any unauthorised access at security@augmento.com.
• Be responsible for all activity under your account.

We may suspend or terminate accounts that contain false information, are inactive for extended periods, or violate these Terms.

5. Services Description

The Services may include, without limitation:

1. Augmento Studio , a SaaS dashboard for designing, configuring, and deploying AR campaigns.
2. Augmento Drops , consumer-facing AR collectibles, treasure hunts, leaderboards, and rewards experiences.
3. Augmento ART , AR tools and experiences for galleries, exhibitions, public art, and cultural venues.
4. Custom Projects , bespoke AR, 3D, and immersive production work delivered under a Statement of Work for enterprise clients, brand activations, events, and venues.
5. APIs and SDKs for integrating Augmento experiences into third-party apps and websites.
6. iOS App Clips, Android Instant Apps, and progressive web apps delivering AR experiences without full app installation.

We may add, modify, or remove features at any time. Material changes affecting paid features will be communicated in advance to active Subscribers.

6. License and Permitted Use

Subject to these Terms and full payment of applicable fees, Augmento grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes (Customers) or personal, non-commercial enjoyment (End Users) during the term of your Subscription or session.

You shall not:

• Reverse-engineer, decompile, or attempt to extract source code from any Service component, SDK, or proprietary asset.
• Resell, sublicense, lease, or commercially redistribute the Services without a written reseller or partnership agreement.
• Use the Services to build a competing product.
• Circumvent rate limits, usage caps, or technical restrictions.
• Use automated means (scrapers, bots, headless clients) to extract data, except via authorised APIs and within documented limits.
• Upload or distribute content that is unlawful, infringing, defamatory, deceptive, or harmful.

7. User and Customer Content

7.1 Ownership

You retain all rights to the Customer Content you upload. You grant Augmento a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, reproduce, and adapt Customer Content solely as necessary to provide, maintain, secure, and improve the Services and to enable features you request.

7.2 Representations

You represent and warrant that:

• You own or have the necessary rights, licenses, consents, and permissions to upload Customer Content.
• Customer Content does not infringe any third-party intellectual property, privacy, publicity, or contractual rights.
• Customer Content complies with applicable laws and these Terms.

7.3 Removal

We may remove or disable access to Customer Content that we reasonably believe violates these Terms, applicable law, or third-party rights, with or without prior notice.

7.4 Backups

We maintain reasonable backups but you remain responsible for keeping your own copies of Customer Content. We are not liable for loss of Customer Content.

8. Subscriptions, Fees, and Payment

8.1 Plans

Augmento Studio and other Services are offered under various Subscription plans. Pricing, scope, and limits are set out in the relevant order form, dashboard, or commercial proposal.

8.2 Billing

Fees are billed in advance, monthly or annually as selected, in AED, USD, or EUR as agreed. Fees are non-refundable except as expressly stated.

8.3 Taxes

Fees are exclusive of VAT and any other applicable taxes, which you are responsible for paying.

8.4 Late payment

Overdue invoices accrue interest at 1.5% per month (or the maximum allowed by law) and may result in suspension of Services after 15 days written notice.

8.5 Renewals

Subscriptions auto-renew for successive equivalent terms unless cancelled at least 30 days before the renewal date.

8.6 Setup, professional services, and Custom Projects

One-off fees for Custom Projects, white-glove setup, or event activations are governed by separate Statements of Work or order forms.

9. AR Experiences, Device Access, and Permissions

To deliver AR experiences, the Services may request access to:

• Camera , for marker, plane, or world tracking.
• Location (GPS) , for geo-fenced treasure hunts and location-based drops.
• Motion and orientation sensors , for 3D positioning.
• Microphone , only when an experience explicitly requires audio interaction.
• Photo library , only when the End User chooses to save or share content.

You can refuse or revoke these permissions in your device settings. Some experiences will not work or will be degraded without them.

We do not stream raw camera or microphone data to our servers unless explicitly stated in a specific experience and consented to by the End User.

10. Acceptable Use

You agree not to use the Services to:

• Violate any law, regulation, or third-party right.
• Harass, threaten, defame, or harm any person.
• Distribute malware, viruses, or other harmful code.
• Engage in phishing, fraud, or impersonation.
• Conduct gambling activities not licensed in the relevant jurisdiction.
• Promote hate speech, terrorism, or discrimination.
• Infringe any intellectual property right.
• Sell or distribute counterfeit goods.
• Mine cryptocurrency or run unrelated compute workloads on our infrastructure.

We may investigate suspected violations and cooperate with law enforcement.

11. Third-Party Services and Sub-processors

The Services rely on third-party infrastructure providers, including (without limitation): Amazon Web Services, Supabase, Cloudflare, Bunny CDN, Mixpanel, Apple App Store, and Google Play. Use of those services is subject to their respective terms.

A current list of sub-processors is available at augmento.com/subprocessors (or on request).

12. Intellectual Property

12.1 Augmento IP

All right, title, and interest in the Services, including underlying software, algorithms, AR pipelines, Unity-Swift hybrid stack, design system, the "Augmento", "Augmento Drops", "Augmento Studio", and "Augmento ART" names and logos, remain the exclusive property of Augmento or its licensors.

12.2 Feedback

If you provide suggestions, ideas, or feedback, you grant Augmento a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.

12.3 Trademarks

The Augmento name and logo are trademarks of Augmento FZCO. You may not use them without prior written permission, except for fair, descriptive references.

13. Disclaimers

13.1 General

The Services are provided "AS IS" and "AS AVAILABLE". To the maximum extent permitted by law, Augmento disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted operation.

13.2 Service availability

We do not warrant that:

• The Services will be error-free or uninterrupted.
• Defects will be corrected.
• The Services will meet your specific requirements.
• Third-party platforms (iOS, Android, browsers) will continue to support the AR features used.

13.3 AR safety and physical environment

Augmented reality experiences blend digital content with the physical world. You are at all times responsible for your own safety and the safety of those around you. When using any AR Experience you agree to:

• Stay aware of your surroundings. Watch for traffic, vehicles, cyclists, pedestrians, animals, uneven surfaces, stairs, water, traffic signs, and other hazards.
• Do not use AR Experiences while driving, cycling, operating machinery, or in any situation requiring full attention.
• Do not trespass. Geo-located experiences (treasure hunts, drops, location-based content) may indicate points of interest, but you are responsible for respecting private property, restricted zones, and local laws.
• Stop immediately if you feel discomfort, motion sickness, dizziness, eye strain, fatigue, or any adverse reaction.
• Take breaks. Do not use AR Experiences for prolonged periods, especially in low-light conditions or while moving.
• Supervise minors. A responsible adult must supervise any minor using an AR Experience.
• Respect others' privacy. Do not use device cameras to record or photograph identifiable individuals without their consent.

You acknowledge and accept all risks associated with using AR Experiences in the physical world. Augmento is not liable for any injury, accident, property damage, trespass claim, or loss arising from your use of AR Experiences. This Section is not intended to exclude liability that cannot lawfully be excluded.

13.4 No professional, financial, or investment advice

Content shown within the Services , including listings, valuations, brand activations, sponsor offers, location data, statistics, prices, ratings, and editorial content provided by Augmento, Customers, sponsors, or third parties , is provided for informational and entertainment purposes only. It does not constitute legal, financial, investment, tax, real estate, medical, or any other form of professional advice. You should consult appropriately qualified professionals before making any decision based on information accessed through the Services.

13.5 Third-party and sponsor content

The Services may display content from Customers, sponsors, brands, rights-holders, and other third parties. Augmento does not endorse, guarantee, or assume responsibility for the accuracy, legality, quality, or safety of any third-party content, products, prizes, rewards, or offers. Any transaction or interaction with a third party is solely between you and that third party.

13.6 Rewards, prizes, and collectibles

Where an AR Experience offers digital collectibles, leaderboard prizes, sponsor rewards, or any other benefit:

• Eligibility, redemption, delivery, and tax responsibility are governed by the specific campaign rules published with that experience.
• Digital collectibles do not constitute securities, financial instruments, or guaranteed-value assets.
• Campaign rules may vary by country, age, and platform.
• Augmento is not the issuer or guarantor of third-party prizes unless expressly stated.

14. Limitation of Liability

To the maximum extent permitted by law:

• Augmento, its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, loss of goodwill, or business interruption, even if advised of the possibility.
• Augmento's total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the fees paid by you to Augmento in the twelve (12) months immediately preceding the event giving rise to the claim, or USD 1,000, whichever is greater.

These limits apply regardless of the legal theory (contract, tort, statute, or otherwise).

Some jurisdictions do not allow certain limitations, in which case the limits apply to the fullest extent permitted.

15. Indemnification

You agree to indemnify, defend, and hold harmless Augmento and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your Customer Content.
• Your use of the Services.
• Your violation of these Terms or applicable law.
• Your violation of any third-party right.

16. Term and Termination

16.1 Term

These Terms apply from your first use of the Services until terminated.

16.2 Termination by you

You may terminate by closing your account or cancelling your Subscription as per Section 8.

16.3 Termination by us

We may suspend or terminate immediately if:

• You materially breach these Terms.
• Required by law, regulator, or court order.
• Continued provision creates legal, security, or reputational risk.

16.4 Effect of termination

On termination, your access ceases. We may delete Customer Content 30 days after termination unless retention is required by law. You remain liable for fees accrued before termination. Sections that by their nature should survive (IP, disclaimers, liability limits, indemnity, governing law) survive termination.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of the United Arab Emirates as applicable in the Emirate of Dubai, without regard to conflict-of-law principles.

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Dubai Courts, save that Augmento may, at its option, bring proceedings in any court of competent jurisdiction to enforce its intellectual property rights or seek injunctive relief.

Optional alternative: disputes may instead be referred to arbitration under DIAC Rules, seated in Dubai, in English. Counsel to confirm preference based on enforceability needs.

18. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified via email (where applicable) or in-product notice at least 14 days before they take effect. Continued use after the effective date constitutes acceptance.

19. Miscellaneous

• Entire agreement. These Terms (together with any signed order form, SOW, or DPA) form the entire agreement between you and Augmento regarding the Services.
• Severability. If any provision is held invalid, the rest remains in effect.
• No waiver. Failure to enforce a right is not a waiver.
• Assignment. You may not assign without our consent. We may assign in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays caused by events beyond reasonable control.
• Notices. Notices to Augmento must be sent to legal@augmento.com. Notices to you may be sent to the email or address on file.

20. Contact

Augmento FZCO Dubai Silicon Oasis, Dubai, United Arab Emirates Email: hello@augmento.com Legal: legal@augmento.com Security: security@augmento.com