LEGAL TERMS

Terms of service

Last Updated: 20.01.2025

1. Agreement to terms

These Terms of Service (“Terms”) constitute a legally binding agreement made between Imerso AS (“Imerso”, or “We” or “we”) and you or the entity that you represent (collectively, “You” or “you” or “User”), concerning and governing Your use of Imerso Products and Imerso Documentation, as defined in Section 2 below. By purchasing or using Imerso Products, You agree to be bound to the Terms herein, and also that our Terms of Service shall take precedence over any other terms or agreements between You and Imerso.

⚠ By using Imerso Products, Imerso Processing Services or Imerso, You are consenting to be bound by these Terms. Read these Terms carefully.
⚠ If You do not agree to these Terms, or updated versions of these Terms, You do not have the right to use any Imerso Products. Please contact us using our contact form at www.imerso.com or info@imerso.com for any questions.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.

The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Products and Documentation from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The use of Imerso and its Products and Documentation is intended for users who are at least 18 years old and not regarded as minors. Persons who do not meet this requirement are not permitted to use or register for Imerso, its Products and / or Documentation.

2. Definitions

“Imerso” is Imerso AS, registered in the Kingdom of Norway with the organisation number 913 347 013.
“Imerso Products” shall refer to all or a subset of the following:
- “Imerso App” is any series of digital instructions provided by Imerso to direct a computing device and/or 3D scanning device to perform specific tasks or operations.
- “Imerso Platform” is a cloud-based platform provided by Imerso to perform specific tasks or operations.
- “Imerso API” is any Application Programming Interface provided by Imerso.
- “Imerso Exports” is data that is available for download from Imerso Platform.
- “Imerso Service” are additional services ordered by You and performed by Imerso.
“Authorized Distribution Platform” is an authorized distribution platform for Imerso App.
“Imerso-compatible Hardware” is any computing device and/or 3D scanning device capable of interacting with Imerso App or with Imerso Platform.
“Imerso Documentation” is documentation or any other content provided by Imerso that describes Imerso Products, Imerso Generated Data, or Imerso Processing Services.
“Provided Data” is any content or data that is provided by the User and has not yet been processed by Imerso or Imerso Products.
“Imerso Generated Data” is any point cloud data, image data, location data, issue data, design model data, or any other data that has been generated through usage of Imerso Products, by Imerso Products, Imerso Processing Services, or Imerso. It is also any data derived and processed from Provided Data via Imerso Products or Imerso Processing Services using methods beyond standard format conversion and language translation.
“Imerso Processing Services” is any analysis, computation, modification, simulation, storage, translation, transmission, visualization or any other processing performed by Imerso Products on Provided Data or Imerso Generated Data.
“Proprietary Information” shall mean any and all non-public information that Imerso discloses or makes available to You via Imerso Products, Imerso Processing Services, Imerso Documentation or Imerso Generated Data, in writing or verbally. It shall include, but is not limited to: software development and design, business or software architecture, software not yet known to the public, or research and development activities.
“User Account” shall refer to information related to Your access to Imerso Products and Imerso Processing Services, as well as Your usage of Imerso Products and Imerso Processing Services.
“Engagement Contract” shall refer to an additional agreement that has been entered between You, Your Client or Your Supplier and Imerso, through which You are gaining Access to Imerso Products, Imerso Generated Data, or Imerso Processing Services, or Imerso.

3. Precautions

⚠ To prevent accidents or injury, be careful and stay aware of Your surroundings when using Imerso Products, especially in a Construction environment.

4. Non-Disclosure Agreement

4.1 Access to Proprietary Information
The Imerso Products You will be using are invite-only or not publicly available at this time. Therefore, You agree to regard this access to Imerso Products, Imerso Processing Services, Imerso Generated Data, Imerso Documentation and other non-public information provided by Imerso as privileged access to Proprietary Information. You shall destroy or return to Imerso any and all records, notes, and other written, printed, or electronic or tangible materials in Your possession pertaining to Proprietary Information immediately if Imerso requests it in writing.

4.2 Obligations
You shall hold and maintain Proprietary Information in strictest confidence for the sole and exclusive benefit of Imerso and You shall not use Proprietary Information for any purpose other than the purpose for which it was disclosed. You shall restrict access to Proprietary Information to employees (if applicable) on a need-to-know basis and ensure that they are fully aware of these Terms. You shall not disclose any Proprietary Information to any third party without the prior written approval of Imerso.

5. Account registration and User representation

To use Imerso Products, You must register or create a User Account and you represent and warrant that

all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with these Terms of Service;
you will not access Imerso Products through automated or non-human means, whether through a bot, script or otherwise;
you will not use Imerso Products for any illegal or unauthorized purpose;
your use of Imerso Products will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate Your account and refuse any and all current or future use of Imerso Products and Imerso Documentation.

By registering, You agree to be fully responsible for all activities that occur using Your access credentials. You are responsible for keeping Your login credentials confidential and safe. Unless explicitly permitted in writing by Imerso, Your account may not be shared with other persons.

You are required to immediately and unambiguously inform Imerso via the contact details indicated in this document, if You think Your personal information, including but not limited to User Accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

5.1 Account and Product Access
Creating a User Account, using any of Imerso Products, Imerso Processing Services, Imerso Generated Data, or Imerso Documentation can be made conditional on an active Engagement Contract.

5.2 Authorized Distribution Platform
Access to Imerso App shall only be gained using an Authorized Distribution Platform, which is the official Apple™ App Store. By using an Authorized Distribution Platform you agree with the usage rules set forth in the applicable App Distributor’s terms of service. You represent and warrant that

- You are not located in a country that is subject to a U.S. or European Union government embargo, or that has been designated by the U.S. government or the European Union as a “terrorist supporting” country; and
- You are not listed on any U.S. government or European Union list of prohibited or restricted parties.

6. Ownership

6.1 Imerso App, Platform, Service and Documentation
Title to Imerso Products and Imerso Documentation shall remain solely with Imerso.

6.2 Provided Data
By submitting Provided Data to Imerso Products, Imerso Processing Services, or Imerso, You confirm that You are legally allowed to do so and that it is not infringing any statutory provisions and/or third-party rights. You acknowledge and accept that by providing data You grant Imerso a non-exclusive, worldwide, fully paid-up and royalty-free, irrevocable, perpetual (or for the entire protection term), sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such Provided Data to provide, improve and promote Imerso, Imerso Products and Imerso Processing Services in any media or manner, within the limits of the Imerso Privacy Policy. By providing data, You acknowledge and agree that it is Your responsibility to maintain backup copies of Your data, and that Imerso shall not be liable for any potential data loss or damages resulting from from Your failure to maintain adequate backups.

Imerso does not claim any title to Provided Data, unless the Provided Data contains ideas, feedback, feature requests or other suggestions (hereafter “Submissions”), that You send to Imerso voluntarily or in response to surveys sent to You by or on behalf of Imerso. For such Submissions, You hereby assign to Imerso, all rights, title and interest (including, without limitation, all intellectual property rights including patent rights, copyrights and trade secrets) for such Submissions.

6.3 Imerso Generated Data
Imerso reserves all right, title and interest to Imerso Generated Data.

6.4 Imerso Exports
Imerso does not claim any title to Imerso Exports that are direct results of standard format conversion, language translation or verbatim copies of Provided Data. For Imerso Exports of Imerso Generated Data, see 6.3. Imerso reserves the right to charge for the provision of Imerso Exports, regardless of their origin, composition or purpose.

6.5 Imerso-compatible Hardware
Title to Imerso-compatible Hardware shall remain solely with the Original Equipment Manufacturer.

6.6 Trademarks
All trademarks - nominal or figurative - and all other marks, service marks, logos, illustrations, images and trade names on Imerso Products or appearing in connection with Imerso are, and remain, whether registered or unregistered, including but not limited to “Imerso” proprietary to Imerso or to other companies where so indicated.

7. Limitations

Unless explicitly permitted or provided in local laws, Your use of Imerso Products, Imerso Generated Data, Imerso Processing Services, Imerso Documentation and other Imerso assets is subject to the following limitations:

7.1. Misconduct
Imerso Products and Imerso Processing Services may only be used within the scope of what they were intended for, under these Terms and applicable law.

Imerso reserves the right to take any appropriate measures to protect its legitimate interests including denying and deleting Users Accounts to Imerso Products and Imerso Processing Services, terminating contracts, reporting any misconduct performed through Imerso Products or Imerso Processing Services, without any previous notice whenever User Accounts are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

- violating the terms of Section 4. Non-Disclosure Agreement;
- misrepresenting and concealing Your identity or affiliation;
- stealing someone else’s identity or pretending to be or represent a third-party, if not allowed to do so by such third-party;
- trying to access Imerso Products, Imerso Processing Services, Imerso Generated Data, Imerso Documentation, trade secrets, copyrighted material or other Imerso assets, including but not limited to, for competitive purposes, information gathering or similar intentions;
- manipulating identifiers to disguise or otherwise conceal the origin of messages or of the content posted;
- defaming, abusing, harassing, using threatening practices, threatening or violating;
- probing, scanning or testing the vulnerability of Imerso Products, including the services or any network connected to Imerso Products, or breaching the security or authentication measures on Imerso Products, including the services or any network connected to Imerso;
- installing, embedding, uploading or otherwise incorporating any malware into or via Imerso Products;
- using Imerso Products or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes, load testing or web crawling);
- attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on Imerso Products;
- disseminating or publishing any content that is false or may create unjustified alarm;
- deleting the copyright or other proprietary rights notice from any content;
- assist or permit any persons in engaging in any of the activities described above.

7.2 Software use
Unless otherwise expressly provided, You shall use Imerso App solely with Imerso-compatible Hardware.

7.3 Software upgrades
You have no right to upgrades of Imerso Products unless You, at the time of acquiring an upgrade, already hold a valid license to original Imerso Products and a valid right to upgrade.

7.4 Non-transferability
You may not transfer the rights and obligations in these Terms to anyone. You may also not sublicense, lease, rent, loan, distribute, or otherwise transfer Imerso Products, Imerso Generated Data, or Imerso Documentation to any Third Party unless with written confirmation from Imerso.

7.5 Non-circumvention
You may not reproduce, duplicate, copy, sell, resell, reverse-engineer, decompile, disassemble, circumvent protection measures, or otherwise derive or determine or attempt to derive or determine the design, structure, algorithms or source code of Imerso Products or any other aspect of Imerso Products or any other Imerso asset.

7.6 Protection of information
Certain aspects of Imerso Products, Imerso Processing Services and Imerso Documentation, including the specific design and structure of individual programs and components, constitute trade secrets and/or copyrighted material of Imerso or its suppliers.

If Imerso provides You with such trade secrets or copyrighted material, You may not disclose, provide, or otherwise make available these trade secrets or copyrighted material in any form to any third party without the prior written consent of Imerso. You shall enforce reasonable security measures to protect such trade secrets and copyrighted material.

7.7 Non-modification
You may not modify, adapt, alter, or translate Imerso Products, Imerso Processing Services or Imerso Documentation, or remove identification and proprietary notices from these, or permit third parties to do the same.

If Imerso Products or Imerso Processing Services are made available to You for a limited period of time or for evaluation purposes only, then You may not modify the products or services, or manipulate your interaction with these products or services, to make them work for a longer time period or for other purposes without explicit permission from Imerso.

7.8 Other license or rights
You have no right to obtain services or possession of proprietary source code, data or other technical material relating to Imerso or Imerso Products.

7.9 Use of trademarks
You may not reproduce, download or otherwise use any trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

8. Permissions

By accepting these Terms, You give Imerso the following permissions:

8.1 App Permissions
You give Imerso the permissions that are explicitly requested when installing Imerso App on Imerso-compatible Hardware via an Authorized Distribution Platform and when using Imerso Platform. These permissions are also given by You when Imerso Products are installed for You by Imerso.

8.2 Storage
You give Imerso permission to store any Provided data or data obtained by Imerso Products and Imerso Processing Services indefinitely and in any region within the limits of the Imerso Privacy Policy, unless otherwise restricted by You.

8.3 Changes
You give Imerso permission to, at its discretion, make changes to Provided Data and Imerso Generated Data, as well as Imerso Products legally obtained by You, including adding, modifying or removing features, at any time without notice.

8.4 Services
You give Imerso permission to execute Imerso Processing Services at any time, for any purpose, for any number of times, on and between any processing platforms, in any territory, within the limits of the Imerso Privacy Statement.

8.5 Processing, monitoring, research and analysis
You give Imerso permission to process, monitor, research and analyse all conduct on any Imerso Products or via any Imerso Processing Service as well as any Provided Data, Imerso Generated Data or any other information or content provided to Imerso Products, Imerso Processing Services, or Imerso.

8.6 Product and process improvement
You give Imerso permission to use Provided Data, Imerso Generated Data or any other information or content provided to Imerso Products, Imerso Processing Services or Imerso for improving Imerso Products, Imerso Processing Services or Imerso operations and know-how.

8.7 Publication
You give Imerso permission to publish case studies, technical papers, research papers and marketing material based on any of the activities of section 7.5, within the limits of the Imerso Privacy Statement.

9. Disclaimers

9.1 Disclaimer of Warranties
You are solely responsible for assessing the suitability of Imerso Products for use in particular applications.

All express or implied conditions, representations, and warranties including, without limitation, any implied warranty or condition of merchantability, accuracy, non-infringement, satisfactory quality, innovation, compatibility, standards or regulatory compliance, fitness for a particular purpose, relevance, or secure, error-free or uninterrupted operations, are hereby excluded to the extent allowed by applicable law.

All Imerso Products, Imerso Processing Services, Imerso Generated Data and Imerso Documentation shall not carry any guarantee of error-free or flawless performance, and Imerso shall not be held liable for any damage that accrues from the use of its products results. You agree to hold Imerso harmless from and against any claim asserted and/or damage suffered due to data provided to or provided through Imerso Products, Imerso Processing Services, or Imerso. All users shall be responsible for their own use of the Imerso Products, Imerso Processing Services, Imerso Generated Data, Imerso Documentation, Imerso Exports and other resulting data, as well as for confirming their accuracy and completeness as they see fit.

Imerso does not warrant the provision of Imerso Services, or satisfactory quality of such services, if conditions do not allow for it.

If the User obtains a previous version of any Imerso Product, Imerso does not guarantee its operation if it depends on deprecated, or no longer supported, platforms or functionality.

The sole responsibility or warranty of Imerso-compatible Hardware shall remain with You or the Original Equipment Manufacturer.

Imerso Products and/or Imerso Documentation may contain links (or you may be sent via an Imerso Product or Imerso Documentation) to Third-Party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through Imerso Products or Imerso Documentation or any Third-Party Content posted on, available through, or installed from Imerso Products or Imerso Documentation, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.

9.2 Disclaimer of Liabilities
In no event shall Imerso or its suppliers be liable for any indirect, special, incidental, exemplary, or consequential damages. This limitation of liability will apply regardless of the form of action, whether in contract or tort, including negligence, or any loss of revenue or profits, anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, any other type of loss, corruption or inadvertent disclosure of data, and independent of any failure of essential purpose of the limited warranty and remedies provided hereunder.

Imerso is not liable for any damages or losses resulting from interruptions or malfunctions of Imerso Products due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of Imerso, such as, but not limited to, failures or disruptions of electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services, applications, application programming interfaces, or application integration platforms. Imerso is not liable in case of any problems, defects, breakages, claims or other interruptions related to Imerso-compatible Hardware. Imerso is not liable for any damages or losses resulting from the delivery of Imerso Products, Imerso Services, Imerso Processing Services, Imerso Generated Data or Imerso Documentation. Imerso is not liable for any damages or losses resulting from the lack of delivery of any Imerso Products, Imerso Services, Imerso Processing Services, Imerso Generated Data or Imerso Documentation.

Imerso is not liable for any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via Imerso Products. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to Imerso Products.

This disclaimer shall apply whether or not the other party has been apprised of the possibility of such damages. In any event of liability, the compensation may not exceed the total payments that have been received by Imerso from You based on one specific contract over a period of 3 months, or the period of the duration of the Agreement, if shorter.

9.3 Service interruption
To ensure the best possible service level, Imerso reserves the right to interrupt Imerso Products or Imerso Processing Services for maintenance, system updates or any other changes. Imerso Products or Imerso Processing Services might not be available due to reasons outside Imerso’s reasonable control, such as “force majeure” (eg. labor or court actions, denial of service attacks, infrastructural breakdowns or blackouts etc).

9.4 Indemnification
You agree to indemnify and hold Imerso and its subsidiaries, affiliates, officers, directors, agents, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to Imerso Products, Imerso Processing Services or Imerso, violation of these Terms, infringement of any third-party rights, problems in the asset management process, or statutory provision by You or Your affiliates, officers, directors, agents, partners and employees to the extent allowed by applicable law.

10. Rights

All rights not expressly granted to You in the following are reserved to Imerso.

10.1 Use
You have a non-exclusive, non-transferable, non-sublicensable, revocable right to use Imerso Products, Imerso Processing Services, or Imerso Generated Data that You have legally gained access to.

10.2 Privacy
You have a right to privacy using Imerso Products and Imerso Processing Services, and a right to know what data Imerso gathers from Your use. These rights are further specified in the Imerso Privacy Policy. Please be advised that Imerso’s webpage (www.imerso.com) and its proprietary content is hosted in the United States of America and Imerso Products and other Imerso Documentation is hosted in the European Union. If you access Imerso Products and Imerso Documentation from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States of America and the European Union, then through your continued use, you are transferring your data according to Imerso’s privacy policy, and you agree to have your data transferred to and processed there.

10.3 Assignment of contract
Imerso reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of Imerso.

10.4 API access
You might have a right to access your data relating to Imerso Products or Imerso Processing Services via Imerso API. Imerso reserves the right to charge for API access, restrict API access, impose usage quotas on API access, and give different priorities to API access requests as well as computations and data transmissions triggered by such requests. You expressly understand and agree that Imerso bears no responsibility and shall not be held liable for any damages or losses resulting from Your use of an API or the use of any third-party products/services that access data through the API.

11. Import and Export

Imerso Products, including technical data, may be subject to Norwegian export laws and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that You have the responsibility to obtain licenses to export, re-export, or import Imerso Products, Imerso Documentation and Imerso Generated Data.

12. Termination

These Terms are effective until terminated. Unless agreed otherwise, You may terminate these Terms at any time by terminating Your account and access to all Imerso Products and Imerso Documentation, destroying all copies of Imerso Products, and the same for any Imerso Documentation.

If there is no active Engagement Contract or the official duration as indicated in the Engagement Contract has passed, Imerso reserves the right to suspend, pause or delete User Accounts, Provided Data, Access to any of Imerso Products, Imerso Processing Services, Imerso Generated Data, or Imerso Documentation.

Imerso reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User Accounts and Provided Data which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User Accounts shall not entitle You to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt You from paying any applicable fees or prices.

Within the limits of law, Imerso may also decide to suspend or terminate Imerso Products altogether. If Imerso Products are terminated, Imerso will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Norway. The courts in Norway are to have jurisdiction to settle any disputes which may arise in connection with the creation, validity, effect, interpretation or performance of, or legal relationships established by, these Terms. For such purposes, each party irrevocably submits any disputes hereunder to the jurisdiction of the Oslo City Court.

14. Severability

If any provision and / or subclauses of these Terms shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of the Terms shall continue to be fully effective.

15. Changes to these Terms

Imerso may make non-material changes to these Terms at any time without notice, which will be made visible on this webpage. Imerso will provide notice to its users via email or via Imerso Products of any material changes to these Terms. If an objection is raised within 15 days following such notice and a mutually acceptable solution cannot be reached, the parties have the right to terminate the agreement. Continued usage of any Imerso Products after 15 days of receiving the notice shall be deemed as acceptance of the new terms.