Terms of Use

A. Introduction

The Copresence APP (is a web-based application and native mobile App) that allows users to create a digital avatar using just a smartphone to perform a head scans. The scans are subsequently uploaded to Copresence’s cloud-based service, to generate photorealistic three-dimensional Avatars. The App offers users an interactive platform to preview and animate their generated Avatars. Additionally, the App features an optional and chargeable export function that allows users to export their Avatars in various file formats. (Application).

These Terms constitute a legally binding agreement made between you, whether personally or on behalf of a legal entity (User or you), and COPRESENCE AG (COPRESENCE or we) concerning User’s access and use of the Application and related Services. By clicking to accept these Terms or by using the Application, the User agrees to bind itself to these Terms. If the User does not have the full legal authority to bind a legal entity or third party to these Terms, please do not click to accept these Terms. The User also accepts the Terms by downloading, registering and using the Application.

B. Definitions

  • Account: refers to the User’s personal account or an individual corporate account which User uses to access and use the Application.

  • Application: has the meaning given to it in the Introduction.

  • Application Store: means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

  • Assets: refers to a digital recreation or digital creation of a piece of clothing, accessories, glasses, jewelry, etc. which can be used alone or together with the Avatar.

  • Avatar: refers to a digital, three-dimensional representation of a user or character. This representation, crafted from elements such as structural mesh, surface textures, skeletal armature, blend shapes, and more, can be manipulated and depicted in real-time. The Avatar is capable of animation, facilitating various movements and expression changes to emulate realistic or stylized human characteristics and behaviors.

  • COPRESENCE: refers to COPRESENCE AG, a limited company registered under the laws of Switzerland, with registration number CHE-155.178.748, which is the owner of Application and provides the Service.

  • Device: means any device that can access the Service such as a computer, a cell phone or a digital tablet.

  • Service(s): The Application and associated service(s) provided by COPRESENCE, as described in these Terms, in the Application, or on the Website.

  • User: has the meaning given to it in the Introduction.

  • Terms: mean these Terms of Use that form the entire agreement between the User and the COPRESENCE regarding the use of the Application and its Service.

  • Website: It refers to COPRESENCE company website, accessible from https://copresence.tech

C. Account

Through a registration process the User will create an Account. Only registered users are able use the Application. The basic Account is free.

Corporate accounts are managed by an administrator of the corporation. It is the responsibility of the administrator to grant or revoke permissions for individual corporate User Accounts.

The User shall select a password and provide Us with certain accurate personal information, which may include the User’s name and/or email address. We may offer the User registration and sign in through third party plugins. If you choose to use a third party account to login, you authorize us to access and use certain account information and to exchange information with the third party provider.

Failure to provide us with accurate information constitutes a breach of the Terms, which may result in immediate termination of the User’s Account on the Application.

You have to be at least 16 years of age to register, create an Account and use the Service. By submitting a request or by the creation of an account and using the Service, the User represents and warrants they can form a binding contract with COPRESENCE and are not a person who is barred from using the Service under the laws of the applicable jurisdiction.

The User and, if applicable, the corporation is responsible for maintaining the security of their Account(s). the User is not allowed to share Account details with others or allow others to access or use their Account. COPRESENCE will treat all acts performed through the Account as being performed by the respective User. The User, therefore, accepts responsibility for all acts done using their Account, whether or not authorized, including purchases made using any payment instrument, and understands they may be held liable under these terms for losses incurred by COPRESENCE caused by someone else using their Account.

If the User becomes aware of any actual or suspected loss, theft, fraud, or unauthorized use of their Account or Account password, please contact COPRESENCE immediately and change the password.

D. Information about the Service

COPRESENCE makes a free version of Application available to the User. COPRESENCE may also offer some supplementary Services at additional costs.

Application is an application that allows the User to create a digital Avatar of itself or another person using just a smartphone. A detailed description of the Application its functionalities can be found in the Application description on the Website, and within the Application. COPRESENCE reserves the right to amend such descriptions at any time without notice. Application allows users to create a digital avatar using just a smartphone to perform a head scans. The scans are subsequently uploaded to Copresence's cloud-based service, to generate photorealistic three-dimensional Avatars. The App offers users an interactive platform to preview and animate their generated Avatars. Additionally, the App features an optional and chargeable export function that allows users to export their Avatars in various file formats.

COPRESENCE may also enable the purchase of Assets via the Application.

The User can download the data of his Avatar to use it with third parties. The User has no entitlement to a specific data format. The COPRESENCE will provide the data in a common data format of its choosing.

E. Modification

COPRESENCE may add, remove or suspend functionalities and/or features to Application at any time without giving notice to the User. In case of final discontinuation, COPRESENCE will allow the User to withdraw their Avatar data held by COPRESENCE for a certain time period.

F. Content provided or created by the User

COPRESENCE may allow the User to create transmit, perform and process data, video, audio, photographs, graphics, text, or personal information (collectively User Content). In particular, the User is able to create Avatars.

User represents and warrants that, (i) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of its User Content do not and will not infringe the proprietary rights, including but not limited to copyright, trademark or personality rights of any third party; and (ii) the User is the creator and owner of or has the necessary licenses, rights, consents, releases, and permissions to create, use and to authorize COPRESENCE to use the User Content in any manner contemplated by the Website or these Terms; (iii) and that the User Content will not infringe the privacy rights of any third party or (iv) any other applicable law or regulation.

In particular, prior to generating an avatar of another person by scanning that individual’s face, the User shall obtain the necessary consent or legal agreement. The consent and any agreements governing the creation and use of an avatar of a third party must be made outside of the Application.

COPRESENCE may suspend or limit User’s access to and use of Application during any breach of User’s representations and warranties set out in this Terms. Further, COPRESENCE reserves the right to revoke User’s Right of Use in the event of User’s continued breach of Users representations and warranties set out in the Terms, provided User fails to remedy such breach within ten (10) days of receipt of COPRESENCE’ non-compliance notice.

G. Content provided by third parties

COPRESENCE does not moderate, or review requests, User Content or other content or links provided by the User. COPRESENCE is not responsible for the content provided by third parties or for its availability.

While COPRESENCE has no obligation, COPRESENCE may review, screen and delete User’s content or suspend functionalities at any time if COPRESENCE has reasonable belief that the User is in violation of the Terms. The User is responsible for the content created, and/or shared and sent through the Application, including for the backup of that content.

H. Conduct

The User shall use the Service only in accordance with these Terms and the applicable laws. In particular, without limitation, the User shall not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on Application or any portion of it;
  • circumvent any technology used by COPRESENCE or its licensors to protect content accessible via it;
  • copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Application;
  • rent, lease or sublicense the Application profile;
  • defame, abuse, harass, use threatening practices, threaten, infringe or violate the legal rights of others in any other way, including but not limited to privacy, publicity, intellectual property rights, or that constitutes copyright infringement;
  • create or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate or infringes on copyright laws;
  • use brand names or trademarks of any kind or which you have no right of use;
  • use the Application to create, distribute or make available material that promotes bigotry, racism, hatred or harm against any group or individual or animals or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
  • promote any other Application, product, brand or commercial service without the express consent of COPRESENCE, including any reference contained in the username;
  • impersonate other individuals or create fake accounts; or
  • use Application in any other improper way that violates these Terms.

COPRESENCE reserves the right to examine and/or terminate your account without a refund of any purchases if you have violated the terms, misused the Service or behaved in a way that COPRESENCE regards as inappropriate or unlawful, including actions or communications that occur on or off the Application. In addition, COPRESENCE reserves the right to inform law enforcement authorities for further investigation.

I. Indemnity by User

The User agrees to diligently defend, and to hold harmless and indemnify COPRESENCE, and it directors, officers, employees, shareholders, affiliates, suppliers, contractors, agents and representatives from and against any and all liability, claims lawsuits, losses, demands, damages, costs and expenses, including without limitation attorney’s fees and costs (Losses), arising directly or indirectly from any breach of User’s obligations arising from these Terms, including but not limited to Section F (User Content), and Section H (Conduct), or if a third party takes recourse against the COPRESENCE because an Avatar created with the Application is used by the User or third party without consent, subject to mandatory local consumer laws.

J. Paid Services

From time to time The COPRESENCE may offer additional Services for which a fee is charged through the Application Store, carrier billing, or other payment platforms authorized by COPRESENCE. If COPRESENCE offers such additional Services, the fees and conditions for the purchase are available in the purchase section of the Application.

COPRESENCE uses third-party software and providers for its payment processing and does not handle any of the provided payment information – such as the credit card – at any time. The terms and conditions of the third-party providers apply.

If the User makes an in-app purchase, the User will be prompted to confirm the purchase with the applicable payment provider, and the chosen method of payment within the Application Store. The User will be charged for the in-app purchase at the prices displayed to the User for the selected service(s) as well as any sales or similar taxes that may be imposed on the payments, and the User authorize COPRESENCE or the Application Store, as applicable, to charge the User.

In the event that COPRESENCE offers a trial period, the User might receive some subscription to test and experience, free of charge and for a limited period, some of the paid features offered by COPRESENCE.

K. Right of Withdrawal and Refunds

COPRESENCE does not provide any refunds for purchased Services or subscriptions, subject to mandatory local consumer laws.

In case the User made the purchase through Application Store, withdrawal and refunds may be handled by the Application Store via which the User downloaded/purchased the Application and are governed by their respective terms.

L. Data Protection

COPRESENCE respects the User’s interests in keeping control over their data and the importance of confidentiality of the User’s Data.

To generate and store an Avatar, the User will upload various photos, which are then processed for the calculation of a 3D model. Depending on the applicable data protection law, the data may be qualified as biometric data. By accepting the terms, the User acknowledges and accepts that the processing of such data is part of the service, and hence consents to the processing of biometric data as described in the privacy notice.

For more information about the use of their personal data, the User must refer to the Privacy Notice.

M. Right of Use

On the condition that the User complies with all of User’s obligations under the Terms, COPRESENCE hereby grants the User a non-exclusive, non-transferable, restricted license (without the right to sublicense) to access and use the Services and the Application in accordance with the Terms and the guidelines provided to the User or published on COPRESENCE website or within the Application (Right of Use). In the free version the Right of Use to access and use the Avatar within the Application. The availability to download the Avatar and to use it outside the Application requires User’s subscription to an additional Service.

The User is not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of COPRESENCE and its Service without COPRESENCE’s permission, granted either directly or through a proper reselling program.

COPRESENCE reserves the rights to terminate the User’s license to use the Application and Services at any time and for any reason or to change the features included in different tiers of paid or free subscription plans.

If COPRESENCE believes, in its sole discretion, that the User has infringed or attempted to infringe any terms under these Terms or the applicable laws, COPRESENCE may temporarily restrict the ability to use and access the Services or may permanently revoke access to use the service, with or without notice.

N. Copyright and other IP Rights

All copyright, trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos and any other intellectual property rights relating to Application, the Assets, and to COPRESENCE’s business in general are, and remain, the exclusive property of COPRESENCE or its licensors and are protected by the relevant intellectual property laws in force and by related international treaties. These Terms do not transfer any intellectual property rights from COPRESENCE to the User. 

COPRESENCE warrants that it has the right to grant the Right of Use granted in these Terms and that Customer shall have the right to access and use the Application in accordance with these Terms. In the event of a breach of this warranty, COPRESENCE’s sole obligation shall be, at COPRESENCE’s choice, (i) to procure additional rights to grant the Right of Use to Customer, or (ii) to replace or modify the part of the Application that causes the breach. If neither of the foregoing is a suitable means to allow Customer to continue to access and use Application, COPRESENCE may withdraw Application immediately.

O. User’s Rights in the Avatar

COPRESENCE considers the created Avatar to be a work result of the respective user that created the Avatar. The User shall own any copyrights or any other IP-rights subsisting in the work result. The User hereby grants COPRESENCE a non-exclusive, irrevocable, worldwide and free of charge license to use the work result to provide COPRESENCE’s Service and Application to the User and to train, research and innovate its products and services.

P. User’s Rights in Assets

If the User purchases any Assets, COPRESENCE hereby grants the User a non-exclusive and worldwide license to download and to use the Asset, provided in a standard format, outside the Application at the User’s sole discretion.

Q. Third Party access to Avatar

The Application may allow the User for an additional fee to directly share or give third parties access to the Avatar. To certain third parties transfers may be free of charge.

The User may grant third-parties access to their Avatar via the Application or by transferring the Avatar data to a third party. The User remains responsible for any actions performed using the User’s access credentials, even if the User grants third parties access to his or her account.

The User shall define the scope of the User rights directly with the third party. These rights are not part of these Terms and COPRESENCE is not part of such an agreement.

R. Warranties and Disclaimer

The Service and Application are provided by COPRESENCE “AS IS” and “AS AVAILABLE”, with no express or implied warranty for accuracy or availability.

To the extent permitted by applicable law, COPRESENCE makes no warranties, conditions, or other terms of any kind, either express or implied, about the application. COPRESENCE disclaims any warranties of title or implied warranties, conditions, or other terms of non-infringement, merchantability, quiet enjoyment, or fitness for a particular purpose.

Some countries do not allow limitations on how long an implied warranty lasts. If the User country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the application or the shortest period required by law.

Notably, COPRESENCE will not warrant a specific level of accuracy or degree of similarity of an Avatar to the scanned person. COPRESENCE will provide the Avatar data for download in a standard data format of its own choosing.

COPRESENCE does not warrant against interference with your use of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free, or that the Services will be compatible with third-party software or hardware or that any errors in the Services will be corrected. No oral or written advice provided by COPRESENCE or any authorized representative shall create a warranty.

In the event of a breach of the warranty pursuant to Section ‎Q, Customer’ sole remedy shall be to request, by contacting the helpdesk made available by COPRESENCE and that COPRESENCE remove the failure identified and documented by Customer. Customer may contact the helpdesk at support@copresence.tech . In order to remove the failure, COPRESENCE may correct or replace the part of Application that causes the failure or replace the current version of Application with a new version.

S. Limitations of liability

COPRESENCE’s liability for any damages, whether derived from torts or breaches of contract (Damages) in connection with Customer’s access and use of Application shall be limited to the amount actually paid by the User through the Service or CHF 100 if the User has not purchased anything through the Application or subscribed to a paid plan.

COPRESENCE shall not be liable, in any event, to Customer and its directors, officers, employees, shareholders, affiliates, suppliers, contractors, agents and representatives for any consequential or indirect damages, including without limitation lost profits, loss of use, cost of procurement of substitute goods or services or for any indirect, or punitive or other non-compensatory damages.

The aforementioned limitations and exclusions shall apply to the maximum extent permitted by law. Some local laws may not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdiction, the aforementioned limitations and exclusions will be limited to the greatest extent permitted by law.

For the avoidance of doubt, COPRESENCE assumes no responsibility or liability for the use of the Avatar outside of the Application. It is the sole and exclusive responsibility of the User as to how and where the Avatar is used.

T. Deleting Account and termination

The User may amend or delete their profile at any time. The User may delete his or her account and stop using the Service, through the interface of COPRESENCE or by directly contacting COPRESENCE at any time.

When the User delete their account, COPRESENCE may erase all general and Personal information ever provided by the User in accordance with our Privacy Policy.

In case COPRESENCE believes the User is in breach of the Terms, COPRESENCE reserves the right to suspend or terminate the account of the User at any time and without notice, the User will not be entitled to any refund for purchases.

When the User deletes their account, they can no longer access the Application and their information. It is the User’s responsibility to copy all relevant information before deleting their Account on the Application. In particular, all information relating to an Avatar in case the User wants to keep using the Avatar in third party applications. For the avoidance of doubt, Avatar data can be downloaded only if the necessary additional services have been purchased.

Yet, if the User uses a third party payment through Application Store, User will need to manage in app purchases through such an account to avoid additional billing.

If COPRESENCE suspends, limits or revokes User’s Account for any reason, User is prohibited from registering and creating a new Account.

All provisions under this Terms which by their nature shall survive termination, including, but not limited to ownership provisions, rights in your or our data, warranties, disclaimers, indemnity, limitations of liability, governing law and jurisdiction.

U. For European Union (EU) Users

If the User is a European Union consumer, the User shall benefit from any mandatory provisions of the law of the country in which the User is a resident in.

The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr . COPRESENCE does not take part in dispute settlement procedures in front of a consumer arbitration entity for members residing in the EU or European Economic Area.

V. Miscellaneous Terms

1. Changes to these Terms

COPRESENCE reserves the right to modify these Terms at any time, informing the User at least 30 days in advance of the changes by reasonable means (e.g., publishing a notice within the Application or by sending an email). The User who continue to use Application after the publication of the changes accept the new Terms in their entirety.

2. Assignment of contract

COPRESENCE reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.

User agrees that they shall not assign these Terms either in whole or in part to any third party.

3. Communication

All communications relating to COPRESENCE must be sent using the stated contact information in the imprint.

4. Severability

If one or more provisions of these Terms will be or become invalid or unenforceable, or if an unintended gap becomes evident in the interpretation thereof, this shall not affect the validity of the remaining provisions. COPRESENCE and the User shall replace the invalid or unenforceable provision or, respectively, fill the unintended gap with a legally valid and enforceable provision matching the economic purpose of the original provision as closely as possible.

5. No Waiver

COPRESENCE’s failure to exercise, or delay in exercising any right, power or remedy in connection with these Terms shall not in any way constitute a waiver thereof. Any express waiver of any breach of these Terms shall not be deemed a waiver of any subsequent breach.

6. Governing law and jurisdiction

These Terms shall be exclusively governed by and construed in accordance with the laws of Switzerland. Its conflicts of laws rules and the provisions of the U.N. Convention on Contracts for the International Sale of Goods (CISG) shall not apply. For the avoidance of doubt, the choice of Swiss law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

All disputes arising out of or in connection with these Terms shall be resolved exclusively by the ordinary courts in Zurich, Switzerland, without prejudice to COPRESENCE’s right to bring such dispute before a court, which would otherwise have jurisdiction absent this provision. Except for a User residing in jurisdiction (e.g., the EU or European Economic Area) who may bring claims in their country of residence in accordance with applicable consumer laws.