These General Terms and Conditions apply exclusively to businesses as defined in § 1 of the Consumer Protection Act (KSchG) (B2B). They are not intended for consumers.
1. Scope of Application, Conclusion of the Contract
1.1 NEED immersive reality GmbH (hereinafter “NEED”) provides services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between NEED and the customer, even if no explicit reference is made to them. The GTC apply exclusively to business customers; there is no provision for entering into contracts with consumers.
1.2 The version of the General Terms and Conditions in effect at the time the contract is concluded shall apply; for a contract that has already been concluded, the version in effect at the time of its conclusion shall apply. Deviations from these terms and conditions, as well as any other supplementary agreements with the customer, are only effective if confirmed in writing by NEED. Amendments and/or additions to these General Terms and Conditions will be published at https://xr-need.com/agb and apply to new contracts as of their publication. In the case of continuing obligations (e.g., framework agreements or ongoing license/subscription agreements), amended Terms and Conditions shall be deemed agreed upon if NEED expressly notifies the customer (business entity) of the amendment and of the significance of their silence, and the customer does not object to the amendment in writing within 14 days; If the customer objects within the specified time limit, the continuing contractual relationship shall continue under the previous terms and conditions. A unilateral, retroactive amendment of individual contracts that have already been concluded is excluded.
1.3 Any terms and conditions of the customer shall not be accepted, even if NEED is aware of them, unless otherwise expressly agreed in writing on a case-by-case basis. NEED expressly rejects the customer’s terms and conditions. No further objection to the customer’s terms and conditions by NEED is required.
1.4 NEED's offers are subject to change and are nonbinding.
1.5 All orders and agreements are legally binding only if they have been confirmed in writing by NEED or if NEED has actually begun providing the services.
1.6 To the extent that NEED provides the customer with standard software or software licenses (e.g., Meshloader XR), the respective End User License Agreement (EULA) or separate license terms shall take precedence. These General Terms and Conditions apply to such licenses only in a supplementary manner, unless the EULA contains a provision to the contrary; in the event of a conflict, the respective EULA shall prevail.
2. Protection of Concepts and Ideas
If the prospective customer has already invited NEED to develop a proposal, and NEED complies with this invitation before the main contract is concluded, the following provision applies:
2.1 The mere act of issuing an invitation and NEED’s acceptance of that invitation establishes a contractual relationship between the potential customer and NEED (“Pitching Agreement”). These General Terms and Conditions also form the basis of this agreement.
2.2 The prospective customer acknowledges that NEED incurs significant upfront costs even during the concept development phase, even though the prospective customer has not yet assumed any obligations to pay for services.
2.3 The linguistic and graphic elements of the concept, to the extent that they qualify as works of authorship, are protected under copyright law. Potential customers are not permitted to use or modify these elements without NEED’s consent, solely on the basis of copyright law.
2.4 The concept also contains advertising-related ideas that do not meet the threshold for originality and are therefore not protected under copyright law. These ideas mark the beginning of every creative process and can be defined as the spark that ignites everything that is subsequently produced—and thus as the origin of the marketing strategy. Therefore, those elements of the concept that are unique and give the marketing strategy its distinctive character are protected. For the purposes of this agreement, “ideas” are understood to include, in particular, advertising slogans, advertising copy, virtual reality concepts, graphics and illustrations, advertising materials, etc., even if they do not meet the threshold for originality.
2.5 The prospective customer agrees to refrain from commercially exploiting or allowing the commercial exploitation of, or using or allowing the use of, the creative advertising ideas and virtual reality concepts presented by NEED as part of the proposal in accordance with Section 2.4, outside the framework of a main contract to be concluded at a later date.
2.6 If the potential customer believes that NEED presented ideas to him that he had already conceived prior to the presentation, he must notify NEED of this by email within 14 days of the date of the presentation, providing evidence that allows for a determination of the chronological sequence.
2.7 Otherwise, the parties assume that NEED has presented the potential customer with an idea that is new to the customer. If the customer uses the idea, it is presumed that NEED has earned a fee for it.
2.8 The prospective customer may be released from its obligations under Section 2.5 by paying reasonable compensation plus 20% value-added tax. The amount of compensation shall be determined based on the standard market fee for the commercial exploitation of comparable concepts or ideas; in the absence of other guidelines, the standard market fee for concept development shall serve as the minimum threshold. The release from liability shall take effect only after NEED has received full payment of the compensation.
2.9 Bids, proposals, cost estimates, technical descriptions, responses to request for proposals, and other documents prepared in connection with solicitations or procurement procedures remain the intellectual property of NEED, regardless of whether they are protected by copyright. They are provided solely for the purpose of evaluating bids in the respective procedure and may not be used, reproduced, disclosed to third parties, or used to commission third parties without NEED’s approval.
3. Scope of Services, Order Processing, and the Customer’s Obligations to Cooperate
3.1 The scope of the services to be provided is determined exclusively by the service description in the offer or by any order confirmation issued by NEED. Within the specified framework, NEED has creative freedom in fulfilling the order.
3.2 All work produced by NEED (in particular, all preliminary drafts, sketches, final artwork, proofs, blueprints, copies, color prints, electronic files, PowerPoint presentations, and virtual reality prototypes) must be reviewed by the customer and approved by the customer within three business days of receipt. If approval is not provided in a timely manner, the work shall be deemed approved by the customer.
3.3 The customer shall provide NEED, in a timely manner and in full, with all information and documents necessary for the performance of the service. The customer shall inform NEED of all circumstances relevant to the execution of the order, even if such circumstances become known only during the execution of the order. The customer shall bear the costs incurred if work must be repeated or delayed by NEED as a result of the customer’s incorrect, incomplete, or subsequently amended information.
3.4 The customer is further obligated to review the materials provided for the execution of the order (photos, logos, 3D models, textures, CAD data, sounds, etc.) for any copyright, trademark, or other third-party rights (rights clearance) and guarantees that the materials are free of third-party rights and may therefore be used for the intended purpose. NEED shall not be liable—in the event of negligence or after fulfilling its duty to warn—for any infringement of such third-party rights by the materials provided, at least in its internal relationship with the customer. If a third party makes a claim against NEED due to such an infringement, the customer shall indemnify and hold NEED harmless regardless of fault; the customer must compensate NEED for all losses incurred as a result of a third-party claim, in particular the costs of reasonable legal representation. The customer agrees to assist NEED in defending against any claims by third parties. To this end, the customer shall provide NEED with all relevant documents upon request. This also applies to content, images, text, audio, or video data generated or processed by AI systems and provided by the customer; the customer further warrants that the use of such materials does not infringe upon any third-party rights and does not violate any legal restrictions.
3.5 Any additional services provided that are not part of a written order and are not covered by the agreed-upon fee will be billed on a time-and-materials basis at NEED’s hourly rates in effect at the time the services are rendered. This applies in particular to all ancillary services provided by NEED, such as the transfer of content (primarily text and images, 3D models, and sounds) from existing websites.
3.6 For larger-scale XR productions or projects, acceptance—if agreed upon—shall take place based on milestones or partial deliverables. NEED shall make the respective (partial) deliverable available for acceptance; the customer must review it within three business days and either accept it in writing or raise an objection in writing, specifically identifying any material defects. If no response is received by the deadline, or if the customer begins using the service, the (partial) service shall be deemed accepted. Minor defects that do not significantly impair the contractual use do not entitle the customer to refuse acceptance; such defects shall be remedied under the warranty.
3.7 Requests by the customer for changes or additions after the approval of a service description, a requirements specification, or a (partial) service (Change Requests)—such as subsequent modifications to menus, the replacement of avatars or assets, or the addition of new features (e.g., multiplayer), constitute additional services and will be billed separately on a time-and-materials basis at NEED’s hourly rates in effect at the time of service provision. They may affect agreed-upon deadlines; the deadlines will be extended accordingly.
4. Outsourced Services / Contracting Third Parties
4.1 NEED is entitled, at its sole discretion, to perform the service itself, to engage qualified third parties as agents in the performance of the services covered by the contract, and/or to substitute such services (“Third-Party Services”).
4.2 When engaging third parties to provide external services, NEED will do so either in its own name or on behalf of the client. NEED will carefully select such third parties and ensure that they possess the necessary professional qualifications.
4.3 To the extent that NEED commissions necessary or agreed-upon third-party services, the respective contractors are not vicarious agents of NEED; rather, the commissioning is carried out on behalf of the customer.
4.4 The customer must, in any event, assume liability for obligations to third parties that extend beyond the term of the contract. This expressly applies even in the event of termination of the contract with NEED for good cause.
5. Dates
5.1 Unless expressly agreed to be binding, any specified delivery or service deadlines are only approximate and non-binding. Binding deadlines must be set forth in writing or confirmed in writing by NEED.
5.2 If the delivery or performance by NEED is delayed for reasons beyond NEED’s control, such as force majeure or other unforeseeable events that cannot be averted by reasonable means, the performance obligations shall be suspended for the duration and to the extent of the hindrance, and the deadlines shall be extended accordingly. If such delays last longer than two months, the customer and NEED are entitled to withdraw from the contract.
5.3 If NEED is in default, the Customer may rescind the contract only after it has granted NEED a reasonable grace period of at least 14 days in writing and this period has expired without result. Claims for damages by the Customer due to nonperformance or default are excluded, except where intentional misconduct or gross negligence is proven.
6. Early Termination
6.1 NEED is entitled to terminate the contract for good cause with immediate effect. Good cause exists, in particular, if
a) performance of the service becomes impossible for reasons attributable to the customer, or is further delayed despite the granting of a 14-day grace period;
b) the customer continues, despite a written warning setting a grace period of 14 days, to breach material obligations under this contract, such as payment of an amount due or obligations to cooperate;
c) there are legitimate concerns regarding the customer’s creditworthiness, and the customer, upon NEED’s request, neither makes advance payments nor provides adequate security prior to NEED’s performance.
6.2 The Customer is entitled to terminate the contract for good cause without setting a grace period. Good cause exists, in particular, if NEED continues to violate material provisions of this contract despite a written warning that includes a reasonable grace period of at least 14 days to remedy the breach.
7. Fee
7.1 Unless otherwise agreed, NEED’s fee for each individual service becomes due as soon as the service has been rendered. NEED is entitled to request advance payments to cover its expenses. NEED is entitled to issue interim invoices or advance invoices, or to request payments on account.
7.2 The fee is a net fee plus value-added tax at the statutory rate. In the absence of a specific agreement in each individual case, NEED is entitled to a fee at the market rate for the services rendered and the grant of rights of use under copyright and trademark law.
7.3 All services provided by NEED that are not expressly covered by the agreed-upon fee shall be billed separately. The client shall reimburse NEED for all out-of-pocket expenses incurred by NEED.
7.4 Cost estimates provided by NEED are nonbinding. If it becomes apparent that the actual (total) fee estimated by NEED in writing will be exceeded by more than 15%, NEED will notify the client of the higher costs. The cost overrun is deemed to have been approved by the client if the client does not object in writing within three business days of receiving this notice and, at the same time, does not propose more cost-effective alternatives. If the cost overrun is 15% or less, no separate notification is required. Such an overrun of the cost estimate is deemed to have been approved by the client from the outset.
7.5 NEED is entitled to the agreed-upon fee for all work performed by NEED that, for whatever reason, is not carried out by the client. The set-off provision of § 1168 of the Austrian Civil Code (ABGB) is excluded. Payment of the fee does not grant the client any rights of use with respect to work already performed; rather, any concepts, drafts, and other documents that have not been implemented must be returned to NEED immediately.
7.6 Price changes beyond NEED’s control—such as those resulting from subcontractors, suppliers, changes in the law, exchange rate fluctuations, or adjustments to material costs—that nevertheless affect the services provided by NEED entitle NEED to adjust its fees accordingly.
8. Payment, Retention of Title
8.1 The fee is due immediately upon receipt of the invoice and without any deductions, unless special payment terms are agreed upon in writing in individual cases. This also applies to the billing of all cash disbursements and other expenses. The goods delivered by NEED remain the property of NEED until full payment of the fee, including all ancillary obligations, has been made. See also Section 9.1 in this regard.
8.2 In the event of a delay in payment by the customer, the statutory default interest at the rate applicable to business transactions shall apply. Furthermore, in the event of a delay in payment, the customer agrees to reimburse NEED for any collection and reminder fees incurred, to the extent that such fees are necessary for the appropriate legal pursuit of the claim. This includes, in any case, the costs of a reminder letter at the market rate as well as a reminder letter from an attorney commissioned to collect the debt. The assertion of further rights and claims remains unaffected by this.
8.3 In the event of a delay in payment by the customer, NEED may immediately demand payment for all services and partial services rendered under other contracts concluded with the customer.
8.4 Furthermore, NEED is not obligated to provide any further services until the outstanding amount has been paid (right of retention). The obligation to pay fees remains unaffected by this.
8.5 If payment in installments has been agreed upon, NEED reserves the right, in the event of late payment of installment amounts or ancillary claims, to demand immediate payment of the entire outstanding balance (loss of the right to pay in installments).
8.6 The customer is not entitled to set off its own claims against claims by NEED, unless the customer’s claim has been acknowledged in writing by NEED or has been judicially determined.
9. Property Rights and Copyright
9.1 All services provided by NEED, including those resulting from presentations (e.g., suggestions, ideas, sketches, preliminary designs, scribbles, final artwork, concepts, programming prototypes, and virtual reality prototypes), as well as individual parts thereof, shall remain the property of NEED, as shall the individual workpieces and original design documents, and may be reclaimed by NEED at any time—in particular upon termination of the contractual relationship. Upon payment of the fee, the customer acquires the right to use the work for the agreed-upon purpose. The geographical scope of use is specified in the offer or the order confirmation; in the absence of a separate agreement, use is permitted worldwide. The acquisition of rights of use and exploitation of NEED’s services is in all cases contingent upon full payment of the fees invoiced by NEED for such services. If the customer uses NEED’s services prior to this point in time, such use is based on a loan arrangement that may be revoked at any time.
9.2 Any changes or modifications to NEED’s deliverables (e.g., source code, graphics, project files, etc.), including, in particular, their further development by the customer or by third parties acting on the customer’s behalf, are permitted only with the express consent of NEED and—to the extent that the deliverables are protected by copyright—the copyright holder.
9.3 Unless otherwise expressly agreed in writing, the customer has no right to receive source code, project files, build pipelines, development tools, Unreal Engine project files, blueprints, plug-ins, libraries, data storage media, or other files containing author code (e.g., Photoshop PSD, HTML, program code) or development documentation. The transfer of such materials, as well as the granting of associated processing rights, requires a separate written agreement and is subject to separate compensation.
9.4 The use of NEED’s services beyond the originally agreed-upon purpose and scope of use requires NEED’s consent, regardless of whether such services are protected by copyright. NEED and the copyright holder are entitled to separate, reasonable compensation for such use.
9.5 The use of NEED’s services or promotional materials for which NEED has developed conceptual or design templates also requires NEED’s consent after the contract has expired—regardless of whether such services are protected by copyright or not.
9.6 The customer shall be liable to NEED for any unauthorized use in an amount equal to twice the reasonable fee for such use.
9.7 To the extent that services created by NEED are produced or delivered using the Unreal® Engine, the use of the Unreal Engine components contained therein is additionally subject to the applicable End User License Agreement of Epic Games (Unreal® Engine EULA). The Customer agrees to comply with this agreement; Epic Games, Inc. is a third-party beneficiary in this regard. Unreal® is a registered trademark of Epic Games, Inc. If NEED uses open-source or other third-party components (e.g., Open Asset Import Library/Assimp), the respective license terms shall also apply; the relevant license and copyright notices will be provided with the service. The customer acknowledges that individual components may be subject to open-source or other third-party licenses; these license terms take precedence over the provisions of this section with respect to the respective component.
9.8 The customer is not authorized to circumvent, deactivate, remove, or tamper with the software’s technical protection measures, license, copy protection, or activation mechanisms (e.g., product- or license-server-based activation systems), or to have third parties perform such actions.
10. Labeling
10.1 NEED is entitled to refer to NEED and, if applicable, to the author in all promotional materials and advertising campaigns, without the customer being entitled to any compensation for this.
10.2 Subject to the Customer’s right to revoke this in writing at any time, NEED is entitled to refer to its current or former business relationship with the Customer by name and company logo on its own advertising media and, in particular, on its website (reference).
11. Availability and Response Time
NEED provides its services with due care, reliability, and availability. However, NEED cannot guarantee that its services will be accessible without interruption, that the desired connections can always be established, or that stored data will be preserved under all circumstances. The customer is entitled to specific availability and response times only if these have been separately agreed upon in writing (Service Level Agreement, SLA). The customer remains responsible for regularly backing up their data. NEED is not liable for the loss of data to the extent that such loss results from the customer’s failure to perform adequate data backups; Statutory liability for willful misconduct and gross negligence remains unaffected. For cloud- or server-based services (e.g., SaaS, platform, or XR online services), announced or reasonable maintenance windows, the installation of updates, and any resulting temporary unavailability do not constitute a defect. NEED will schedule maintenance work during off-peak hours whenever possible and, to the extent reasonable, notify the customer in advance. A specific level of availability is only guaranteed if expressly agreed upon in a written SLA.
12. Warranty
12.1 The customer must report any defects in writing immediately, and in any case within eight days of delivery or performance by NEED, and must report hidden defects within eight days of discovering them, providing a description of the defect; otherwise, the performance shall be deemed accepted. In this case, the assertion of warranty and damage claims, as well as the right to rescind the contract due to defects, is excluded.
12.2 In the event of a valid and timely notice of defects, the customer is entitled to have the delivery/service rectified or replaced by NEED. NEED will remedy the defects within a reasonable period of time, provided that the customer enables NEED to take all measures necessary for the investigation and rectification of the defects. NEED is entitled to refuse to remedy the defect if doing so is impossible or would involve a disproportionately high effort on NEED’s part. In this case, the customer is entitled to the statutory rights of rescission or reduction. In the event of a remedy, it is the customer’s responsibility to arrange for the return of the defective (physical) item at their own expense.
12.3 It is also the Client’s responsibility to verify that the service complies with legal requirements, particularly with regard to competition law, trademark law, copyright law, and administrative law. NEED is only obligated to conduct a preliminary review of legal admissibility. In the event of negligence or after fulfilling any duty to warn the client, NEED shall not be liable for the legal admissibility of content if such content was provided or approved by the client.
12.4 The warranty period is six months from the date of delivery or performance. The right to seek recourse against NEED pursuant to § 933b(1) of the ABGB expires one year after delivery or performance. The customer is not entitled to withhold payments on the grounds of defects. The presumption provision of § 924 of the ABGB is excluded.
13. Liability and Product Liability
13.1 In cases of slight negligence, NEED and its employees, contractors, or other agents (“Personnel”) shall not be liable for property damage or financial loss suffered by the customer, regardless of whether such damage consists of direct or indirect damages, lost profits, consequential damages resulting from defects, damages due to delay, impossibility of performance, positive breach of obligation, fault at the time of contract conclusion, or defective or incomplete performance. The injured party must prove the existence of gross negligence. To the extent that NEED’s liability is excluded or limited, this also applies to the personal liability of NEED’s “Personnel.”
13.2 Any liability on the part of NEED for claims brought against the customer based on the services provided by NEED (e.g., advertising campaigns, virtual reality applications) is expressly excluded if NEED has fulfilled its duty to provide notice or if such a claim was not foreseeable by NEED, provided that negligence does not preclude this. In particular, NEED shall not be liable for litigation costs, the customer’s own attorneys’ fees, or costs associated with the publication of judgments, nor for any claims for damages or other claims by third parties; the customer shall indemnify and hold NEED harmless in this regard.
13.3 The customer’s claims for damages shall expire six months after becoming aware of the damage; in any event, however, such claims shall expire three years after NEED’s act of infringement. Claims for damages shall be limited to the net order value.
13.4 The foregoing limitations and exclusions of liability do not apply to liability that cannot be excluded or limited under mandatory law. In particular, liability for willful misconduct and gross negligence, for damages resulting from injury to life, limb, or health, and mandatory liability under the Product Liability Act (PHG) remain unaffected.
13.5 If NEED uses third-party software, components, or modules to implement customer projects (e.g., content management systems, open-source software, game engines such as the Unreal® Engine, libraries) to implement customer projects, the customer acknowledges that the copyright and usage rights to such software remain with the respective rights holders and are governed by the applicable (open-source or manufacturer) license terms. NEED has no influence over the development status or update cycles of such third-party software; any security vulnerabilities arising therefrom fall outside the scope of NEED’s responsibility.
13.6 If NEED supplies or arranges for the supply of third-party hardware (e.g., VR/XR headsets such as Meta Quest, PCs, touchscreens, projectors, tracking systems), the warranty and guarantee terms of the respective manufacturers shall apply to such hardware. NEED is not liable for failures, malfunctions, or incompatibilities of third-party hardware, operating systems, firmware, or platform services (e.g., store, account, or cloud services), nor for any modifications or discontinuation of such services by the respective provider. Any necessary adjustments resulting from such changes will be billed separately.
14. Search Engine Optimization (SEO)
As part of its service provision, NEED registers websites with all search engines specified in the contract. The search engines do not guarantee that the registered websites will be accepted and listed in the desired manner. NEED therefore offers no guarantee of success, listing, or (consistent) ranking in search engines, nor does it assume any liability or provide any guarantee in the event of potential sanctions by search engines, such as blocking, non-inclusion, or failure to rank a website.
15. Social Media Channels
NEED expressly informs customers prior to placing an order that the providers of “social media channels” (e.g., Facebook; hereinafter referred to as “providers”) reserve the right in their terms of use to reject or remove advertisements and promotional content for any reason. Accordingly, the providers are under no obligation to forward content and information to users. There is therefore a risk—which NEED cannot predict—that advertisements and promotional content may be removed without cause. In the event of a complaint from another user, the providers do grant the opportunity to issue a counterstatement; however, even in such cases, the content is removed immediately. Restoring the original, lawful status may take some time in such cases. NEED operates on the basis of these providers’ Terms of Use, over which it has no control, and also bases its work for the client on these terms. By placing an order, the client expressly acknowledges that these Terms of Use (co-)determine the rights and obligations of any contractual relationship. NEED intends to execute the client’s order to the best of its knowledge and belief and to comply with the guidelines of “social media channels.” However, due to the currently valid terms of use and the ease with which any user can allege legal violations and thereby achieve the removal of content, NEED cannot guarantee that the commissioned campaign will be accessible at all times.
16. Web Hosting and Domain Registration
16.1 With regard to the rental of web space, NEED acts solely as a reseller/intermediary between the customer and the hosting provider and, in this context, refers to the hosting provider’s Terms and Conditions. The availability of web space is solely within the control of the hosting provider through whom the service is provided. NEED assumes no liability whatsoever in this regard.
16.2 NEED arranges and reserves the requested domain on behalf of and for the account of the Customer, provided that the desired domain has not already been registered. However, NEED does not guarantee that the desired domain is actually available and is not obligated to verify the admissibility of the domain, for example with respect to trademark or naming rights. The customer declares that they will comply with the relevant legal provisions and, in particular, will not infringe upon anyone’s (trademark) rights, and will indemnify and hold NEED harmless, regardless of fault, with respect to any claims by third parties.
17. Apps and XR Applications
Apps are developed in accordance with the terms and conditions of the app store specified by the customer as the sales platform (App Store iOS, Google Play Store, Windows Phone Store, etc.) as they are in effect at the time of order confirmation. NEED has no influence over changes to the terms and conditions of the app stores. Such changes may result in an app no longer being available in the app store at all, or not being available in its original form. NEED is therefore not liable for damages resulting from an app not being available on one or more sales platforms. Any necessary modifications to the app will be billed separately. Virtual reality applications are delivered as an .exe file and programmed for the current version of Windows; updates will be billed separately.
18. Confidentiality and Data Protection
18.1 NEED shall treat as strictly confidential all information and documents that come to its attention in the course of its collaboration with the customer and that are not intended for disclosure to third parties. It shall require employees and third parties who receive such information or documents for the purpose of performing work under this contract to maintain the same level of confidentiality. This shall not apply only to the extent that (1) NEED is legally obligated to disclose such data to third parties, in particular government agencies, and to the extent that (2) internationally recognized technical standards so provide and the Customer does not object. The confidentiality obligation shall remain in effect beyond the term of this Agreement.
18.2 NEED processes the personal data of the customer or its contacts (in particular, name/company name, position, commercial register number, powers of representation, contact person, business address and other addresses, telephone and fax numbers, email address, bank account information, and VAT ID number) for the purposes of initiating a contract, fulfilling the contract, and providing customer service. The legal basis is the performance of the contract or pre-contractual measures (Art. 6(1)(b) GDPR) as well as NEED’s legitimate interest in the proper conduct of business (Art. 6(1)(f) GDPR). Further information, in particular regarding the retention period and the rights of data subjects (right of access, rectification, erasure, restriction, data portability, objection, and the right to lodge a complaint with the data protection authority), is contained in NEED’s separate privacy policy.
18.3 If NEED processes personal data on behalf of the customer as part of an order (data processing on behalf of the customer), the parties shall enter into a separate agreement in accordance with Article 28 of the GDPR.
18.4 Electronic advertising (e.g., newsletters, offers) will be sent only on the basis of the customer’s separate, express consent or within the limits permitted by law (Section 174 of the Telecommunications Act (TKG) 2021). Consent that has been given may be revoked at any time with future effect in writing (via email, fax, or letter) to NEED’s known contact information. The reference notice pursuant to Section 10.2 remains unaffected by this.
19. Governing Law
The contract and all mutual rights and obligations arising therefrom, as well as any claims between NEED and the customer, are governed by Austrian substantive law, excluding its conflict-of-laws provisions and the United Nations Convention on Contracts for the International Sale of Goods.
20. Severability Clause
The invalidity or unenforceability of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. In such a case, the provisions that are legally valid and most closely reflect the purpose of the invalid or unenforceable provisions shall be deemed to have been agreed upon, provided that they still correspond to the original intent of the contracting parties. The same applies in the event of a gap in the contract.
21. Place of Performance and Jurisdiction
21.1 The place of performance is NEED’s registered office. In the case of shipment, the risk passes to the customer as soon as NEED has handed over the goods to the carrier of its choice.
21.2 The court having subject-matter jurisdiction over NEED’s registered office is agreed upon as the venue for all legal disputes arising between NEED and the customer in connection with this contractual relationship. Notwithstanding the foregoing, NEED is entitled to bring an action against the customer at the customer’s general venue.
21.3 Where terms referring to natural persons appear in this Agreement only in the masculine form, they refer to both women and men equally. When applying such terms to specific natural persons, the form appropriate to the person’s gender shall be used.
Graz, May 2026
NEED Immersive Reality, LLC
Joanneumring 7/7, A-8010 Graz
Managing Director: Rainer Edler
Commercial Register Number: FN 623827 v
Commercial Registry Court: Graz Regional Court for Civil Matters