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TERMS AND CONDITIONS

AR Asheville
Effective Date: February, 22 2026

1. INTRODUCTION AND ACCEPTANCE OF TERMS

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “Artist,” “Partner,” “Sponsor,” or “Business”) and AR Asheville, including its affiliated entities, products, services, and experiences (collectively, the “Platform,” “Company,” “we,” “us,” or “our”).

By accessing, using, submitting content to, or participating in any part of the Platform, including mobile applications, augmented reality experiences, websites, installations, or physical venues, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Platform.

The Platform may be operated under different brand names, venues, or partner environments without affecting the applicability of these Terms.

These Terms operate in conjunction with our Privacy Policy, which governs how personal data is collected and used.

A Terms and Conditions agreement serves as a binding contract that defines rules, responsibilities, and limitations for both the platform and its users, helping protect intellectual property and reduce disputes. (Termly)

2. DEFINITIONS

For the purposes of these Terms:

  • “Platform” refers to all AR Asheville products, including AR applications, immersive installations, digital experiences, and associated services.
  • “User” refers to any individual accessing the Platform.
  • “Artist” refers to any individual or entity submitting or displaying creative work.
  • “Partner” or “Sponsor” refers to any business or organization collaborating with the Platform.
  • “Content” includes all media such as images, videos, audio, AR assets, holograms, text, branding, and data.
  • “User Content” refers to any content submitted by Users, Artists, or Partners.

3. ELIGIBILITY AND ACCOUNT RESPONSIBILITY

You must be at least 18 years of age or the age of majority in your jurisdiction to use the Platform independently.

If you create an account, you agree to:

  • Provide accurate and complete information
  • Maintain the security of your login credentials
  • Accept responsibility for all activity under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

4. PLATFORM DESCRIPTION AND SERVICES

The Platform provides augmented reality experiences, immersive installations, digital galleries, and promotional services that integrate physical environments with digital content.

This includes:

  • AR overlays and holographic experiences
  • Artist showcases and digital galleries
  • Brand integrations and sponsorship activations
  • Interactive media experiences in physical venues

The Platform may evolve, and we reserve the right to modify or discontinue features at any time.

5. USER CONDUCT AND ACCEPTABLE USE

You agree to use the Platform in a lawful and respectful manner.

You must not:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights
  • Upload false, misleading, or deceptive content
  • Harass, abuse, or harm other users
  • Interfere with system security or operations

Prohibited conduct may result in immediate suspension or termination.

Clear acceptable use policies are essential to define behavior and protect both the platform and its users. (Glance)

6. ARTIST PARTICIPATION AND CONTENT SUBMISSION

Artists participating in the Platform agree to:

  • Provide accurate representations of their work
  • Ensure they own or have rights to all submitted content
  • Deliver content in formats required for AR, hologram, or digital display integration
  • Participate in promotional activities as agreed

Artists acknowledge that their participation may include:

  • Hologram video introductions
  • Animated or augmented versions of their artwork
  • Integration into immersive or location-based environments

The Company reserves the right to curate, edit, or decline content at its discretion.

7. CONTENT LICENSE AND RIGHTS

By submitting content, you grant the Company a:

Non-exclusive, worldwide, royalty-free, sublicensable license to:

  • Use, reproduce, display, distribute, and modify content
  • Adapt content for AR, animation, or immersive environments
  • Use content in marketing, advertising, and promotional materials

This license continues even after content is removed, where necessary for archival or promotional use.

You retain ownership of your original content.

8. INTELLECTUAL PROPERTY

All Platform materials, including software, branding, design, and AR systems, are owned by the Company or its licensors and are protected by intellectual property laws.

Users may not:

  • Copy, reproduce, or distribute Platform materials
  • Reverse engineer or replicate the Platform
  • Use Platform assets without permission

Respecting intellectual property rights is a fundamental obligation for all users. (Void AR)

9. SPONSORSHIPS AND BUSINESS PARTICIPATION

Businesses and sponsors agree to:

  • Provide accurate brand materials and messaging
  • Comply with all advertising and marketing laws
  • Avoid misleading or deceptive claims

The Company reserves the right to approve, modify, or reject sponsorship integrations.

Sponsorship visibility may include:

  • AR placements
  • In-venue displays
  • Digital promotions

10. PAYMENTS, FEES, AND REVENUE

Where applicable:

  • Fees for services, sponsorships, or participation will be outlined separately
  • All payments are non-refundable unless otherwise stated
  • The Company may process payments through third-party providers

The Platform may introduce revenue-sharing models for artists or partners at its discretion.

11. THIRD-PARTY SERVICES

The Platform may integrate with third-party services, including:

  • Payment processors
  • Social media platforms
  • AR and hosting infrastructure

We are not responsible for third-party services or their policies.

12. DATA AND PRIVACY

Use of the Platform is subject to our Privacy Policy.

We may collect:

  • User interaction data
  • Device and usage information
  • Content engagement metrics

Users are responsible for ensuring their data complies with applicable laws.

13. DISCLAIMERS

The Platform is provided “as is” and “as available.”

We do not guarantee:

  • Continuous or error-free operation
  • Accuracy of content
  • Availability of features

Experiences involving AR, lighting, or physical environments may vary.

14. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

The Company shall not be liable for:

  • Indirect or consequential damages
  • Loss of profits, data, or opportunities
  • Personal injury resulting from misuse of the Platform

Liability clauses are essential to limit exposure to unforeseen risks and disputes. (Norton Rose Fulbright)

15. INDEMNIFICATION

You agree to indemnify and hold harmless the Company from any claims arising from:

  • Your use of the Platform
  • Your submitted content
  • Your violation of these Terms

16. TERMINATION

We may suspend or terminate access at any time for:

  • Violation of these Terms
  • Misuse of the Platform
  • Legal or operational reasons

Termination does not remove previously granted licenses.

17. MODIFICATIONS TO TERMS

We may update these Terms at any time.

Continued use of the Platform constitutes acceptance of updated Terms.

18. GOVERNING LAW

These Terms shall be governed by the laws of the State of North Carolina, United States, unless otherwise required by applicable law.

19. DISPUTE RESOLUTION

Disputes shall be resolved through:

  • Good faith negotiation
  • Binding arbitration where applicable

Users waive the right to class action lawsuits where permitted.

20. PHYSICAL SAFETY AND AWARENESS

Users acknowledge that AR experiences are layered onto real-world environments that may include obstacles, traffic, uneven surfaces, and other hazards.

By using the Platform, you agree to remain aware of your surroundings at all times and to exercise caution while moving through physical spaces.

You assume full responsibility for your safety and agree not to rely solely on the Platform for navigation or environmental awareness.

21. USE IN PUBLIC AND SHARED SPACES

AR experiences may be accessible in public or privately owned spaces.

Users agree to:

  • Respect all local laws, rules, and property boundaries
  • Avoid trespassing or entering restricted areas
  • Follow all posted signage and venue guidelines

The Company is not responsible for user actions in physical locations.

22. DISTRACTION AND MOVEMENT RISK

Use of mobile devices and AR interfaces may cause distraction.

You agree not to use the Platform while:

  • Driving or operating vehicles
  • Riding bicycles, scooters, or similar devices
  • Crossing streets without full attention

You assume all risks associated with distracted movement.

23. TRAFFIC AND ROADWAY DISCLAIMER

AR content may appear near or within proximity to roadways, sidewalks, or intersections.

The Platform does not direct or encourage users to enter traffic or unsafe areas.

Users are solely responsible for obeying traffic laws and maintaining awareness of vehicles and pedestrians.

24. ENVIRONMENTAL CONDITIONS

The Platform may be used in varying environmental conditions including low light, weather changes, crowds, and unfamiliar terrain.

The Company is not responsible for injuries or damages resulting from environmental conditions encountered while using the Platform.

25. INTERACTION WITH INSTALLATIONS AND VENUES

Users may encounter physical installations, light sculptures, or interactive elements.

You agree to:

  • Follow all instructions provided by venue staff
  • Avoid touching or interacting with installations unless permitted
  • Refrain from damaging or altering any physical or digital elements

You may be held liable for damage caused to installations or property.

26. HEALTH AND SENSORY EFFECTS

The Platform may include flashing lights, sound effects, and immersive visuals.

Users with conditions such as epilepsy, motion sensitivity, or other medical concerns should exercise caution.

By using the Platform, you acknowledge and accept these potential sensory effects.

27. LOCATION-BASED SERVICES DISCLAIMER

AR Asheville utilizes location-based technology to deliver experiences.

Location data may not always be precise.

The Company is not responsible for inaccuracies, misalignment of AR content, or user reliance on location-based features.

28. USER-GENERATED MOVEMENT AND GATHERINGS

AR experiences may encourage exploration, gathering, or movement toward specific points.

The Company does not control crowd behavior and is not responsible for:

  • Congestion
  • Crowd-related incidents
  • Interactions between users

Users agree to act responsibly in shared environments.

29. PROPERTY AND THIRD-PARTY LIABILITY

The Platform may place digital content near or on properties owned by third parties.

The Company does not grant permission for users to enter private property.

Users are solely responsible for respecting property rights and may be liable for violations.

30. DEVICE USE AND TECHNICAL RISKS

Use of the Platform requires a mobile device.

The Company is not responsible for:

  • Device damage
  • Battery depletion
  • Data usage charges
  • Software incompatibility

Users assume all risks associated with device use.

31. BUSINESS AND SPONSOR LIABILITY

Businesses and sponsors participating in the Platform are responsible for:

  • Accuracy of their content and messaging
  • Compliance with advertising laws
  • Safety of any physical activations they host

The Company is not liable for claims arising from sponsor or partner activities.

32. CONTENT ACCURACY AND INTERPRETATION

AR content, artist narratives, and promotional materials are provided for creative and experiential purposes.

The Company does not guarantee factual accuracy of all content and is not responsible for user interpretation.

33. INTERRUPTION AND SERVICE LIMITATIONS

The Platform may experience interruptions due to:

  • Technical issues
  • Network limitations
  • Venue constraints

The Company is not liable for loss of access or diminished experience.

34. FORCE MAJEURE

The Company shall not be liable for failure to perform due to events beyond its control, including but not limited to natural disasters, government actions, technical failures, or public safety concerns.

35. ASSUMPTION OF RISK

By using the Platform, you acknowledge that participation in AR and immersive experiences involves inherent risks.

You voluntarily assume all risks associated with:

  • Movement in physical environments
  • Interaction with digital overlays
  • Participation in public or shared spaces

36. DIGITAL ASSET TRANSFORMATION AND ADAPTATION RIGHTS

The Platform may transform submitted content into new formats including but not limited to augmented reality overlays, holographic projections, animated renderings, and interactive media.

You acknowledge that your content may be altered in format, scale, motion, or presentation to function within immersive environments while maintaining the integrity of the original work.

You grant the Company the right to make such technical and creative adaptations as necessary to support the Platform.

37. CONTENT PERFORMANCE AND ANALYTICS

The Platform may collect and analyze performance data related to content, including engagement, dwell time, interactions, and user behavior.

This data may be used to:

  • Improve user experience
  • Optimize placement and visibility of content
  • Inform marketing and promotional strategies

The Company retains ownership of all aggregated and anonymized analytics data.

38. FEATURED PLACEMENT AND ALGORITHMIC DISTRIBUTION

Content visibility within the Platform may be determined by curation, performance metrics, partnerships, or algorithmic systems.

The Company reserves the right to prioritize, feature, or limit visibility of content at its sole discretion.

No guarantee of placement, exposure, or audience reach is provided.

39. COMMERCIALIZATION AND MONETIZATION RIGHTS

The Platform may introduce monetization features including but not limited to:

  • Ticketing
  • Digital access tiers
  • Sponsored placements
  • Commerce integrations

The Company reserves the right to monetize the Platform and its environments.

Participation does not guarantee compensation unless explicitly agreed in writing.

40. DIGITAL COMMERCE AND TRANSACTIONS

Where applicable, the Platform may facilitate transactions including art sales, merchandise, or digital goods.

The Company is not responsible for:

  • Fulfillment of artist or vendor sales
  • Quality or delivery of third-party goods
  • Disputes between buyers and sellers

Users and businesses are responsible for their own transactions and compliance with applicable laws.

41. FUTURE TECHNOLOGY INTEGRATION

The Platform may integrate emerging technologies including artificial intelligence, machine learning, spatial computing, and extended reality systems.

You acknowledge that your content may be used in evolving formats and future experiences as the Platform develops.

42. AI-ASSISTED CONTENT AND DERIVATIVE SYSTEMS

The Platform may utilize AI systems to assist in content presentation, enhancement, categorization, or recommendation.

Such systems may analyze submitted content to generate:

  • Visual enhancements
  • Metadata
  • Contextual descriptions

The Company retains rights to these generated outputs as part of the Platform infrastructure.

43. BRAND ASSOCIATION AND CO-MARKETING

By participating in the Platform, you agree that your name, brand, likeness, and content may be associated with the Company and its products, services, partners, sponsors, and promotional campaigns.

Such association may appear across marketing materials, press releases, digital content, physical installations, and third-party distribution channels.

You acknowledge that your participation may result in co-marketing opportunities that include your work being presented alongside other creators, brands, or experiences.

44. CROSS-PLATFORM DISTRIBUTION

Content submitted to the Platform may be distributed across multiple channels including:

  • Mobile applications
  • Physical installations
  • Social media platforms
  • Partner networks
  • Future digital environments

The Company is not required to limit distribution to a single platform or format.

45. INTERNATIONAL USE AND GLOBAL DISTRIBUTION

The Platform may be accessed and promoted globally.

You agree that your content may be displayed, distributed, and marketed internationally, subject to applicable laws.

You are responsible for ensuring your content complies with the laws of your jurisdiction.

46. DATA PORTABILITY AND PLATFORM MIGRATION

The Company reserves the right to migrate, restructure, or transfer Platform infrastructure, including content and data, to new systems, platforms, or environments.

Such transitions may occur without prior notice where necessary for operational or strategic reasons.

47. ASSIGNMENT AND TRANSFER OF RIGHTS

The Company may assign or transfer its rights and obligations under these Terms to affiliated entities, successors, or partners.

Users, artists, and businesses may not assign their rights without prior written consent.

48. WAIVER AND SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Failure by the Company to enforce any provision shall not constitute a waiver of its rights.

49. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and the Company regarding use of the Platform.

They supersede all prior agreements, communications, or understandings related to the subject matter.

50. SURVIVAL OF TERMS

Provisions that by their nature should survive termination shall remain in effect, including but not limited to:

  • Content licenses
  • Liability limitations
  • Indemnification obligations
  • Intellectual property rights

51. CONTACT INFORMATION

For questions regarding these Terms:

AR Asheville
info@experienear.io
arasheville.io