ARShades solutions </br> Version 1.3 — Last updated: 10 July 2026 — Effective date: 10 July 2026
These Terms supersede the “ARShades Virtual Try-On (VTO) Service — Terms and Conditions of Use” dated 21 March 2025.
The ARShades Services are augmented-reality software solutions developed by Spaarkly s.r.l. that allow you to virtually try on, view and explore eyewear on websites, mobile applications, in-store devices and other digital platforms. By clicking the “Accept” button, ticking the acceptance box, or by using any ARShades Service embedded in a website, application or device, you agree to be bound by these Terms and Conditions (“Terms”).
AR PD Meter is not governed solely by these Terms. The AR PD Meter feature is governed by its own AR PD Meter — Terms and Conditions of Use, which incorporate and supplement these Terms and prevail over them with respect to AR PD Meter.
1.1 “Spaarkly”, “we”, “us” or “our” refers to Spaarkly s.r.l., VAT No. IT02077620769 — owner and developer of the ARShades solutions.
1.2 “ARShades Services” or “Services” refers to the following solutions, individually or collectively:
1.3 “Client” refers to the business entity that has entered into an agreement with Spaarkly to embed and offer one or more ARShades Services on its website, application, premises or other digital platform.
1.4 “User”, “you” refers to any individual who accesses or uses an ARShades Service.
1.5 “3D Models” refers to the three-dimensional digital representations of eyewear products displayed through the Services.
1.6 “Content” refers to any visual materials, graphics, images, text or other content displayed or generated through the Services.
1.7 “Privacy Policy” refers to the ARShades Privacy Policy available at https://spaarkly-srl.github.io/ARS_legal/privacy-policy/en/.
1.8 “Non-Waivable Rights” refers to any rights or remedies you have under mandatory provisions of the law applicable in your country of residence that cannot be excluded, limited or waived by agreement.
2.1 These Terms govern your use of the ARShades Services as an end user. They apply to every ARShades Service listed in Section 1.2, however embedded or delivered.
2.2 The AR PD Meter feature is governed by the separate AR PD Meter Terms and Conditions of Use, which incorporate these Terms by reference and prevail over them with respect to AR PD Meter.
2.3 You accept these Terms by clicking “Accept” (or an equivalent button or box) where offered, or by using a Service after having had the opportunity to review these Terms. If you do not agree, do not use the Services.
3.1 The minimum requirements for using camera-based Services on the web are: a stable Internet connection; a device with a camera connected to your browser; and your permission for camera access while the experience is active. If you do not grant the required permissions, camera-based features will not be available.
3.2 Mobile experiences may require additional hardware (such as depth-sensing cameras) and an operating system version supporting augmented reality. Your device must be AR-compatible and configured according to the manufacturer’s specifications.
3.3 Some Services are also available as mobile applications distributed through third-party app stores (such as the Apple App Store and Google Play); their download and installation are additionally subject to the applicable store terms (see Section 10).
3.4 The Mirror experience is delivered through a device made available by the Client at its premises; availability and physical conditions of use are the Client’s responsibility.
4.1 The Services are provided for personal, non-commercial use only, to help you visualise how eyewear products might look and to support your purchase decisions.
4.2 Due to technical limitations, Spaarkly cannot guarantee that the virtual representation exactly matches the physical product. The actual appearance, colours, fit and dimensions of physical eyewear may differ from their virtual presentation. Rendering quality may also vary depending on your device, camera, lighting and environment.
4.3 Purchase decisions remain entirely your own. The virtual experience is provided as a visual aid only, not as a guarantee of product suitability, availability or appearance.
4.4 The products, collections, prices and commercial information presented within a Campaign Catalogue or any Client platform are selected and managed by the Client, who is solely responsible for them.
4.5 Unless otherwise stated, the ARShades Services are provided to Users free of charge.
5.1 All intellectual property rights in the ARShades Services — including copyrights, trademarks, trade secrets, source code, algorithms, database rights, know-how and any other proprietary rights, whether or not registered — are and remain the exclusive property of Spaarkly or its licensors.
5.2 The 3D Models and Content may be the property of Spaarkly, the Client or their respective licensors, and are provided for viewing purposes only.
5.3 You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Services for their intended purpose. No ownership or other rights are transferred to you.
5.4 You agree not to:
5.5 Any unauthorised use of the Services, 3D Models or Content may violate applicable laws and may result in the termination of your access and in legal action.
6.1 Camera-based Services (VTO, VTO Explorer, Mirror) use the camera of the device used for the experience to detect facial landmark coordinates and face orientation data for the sole purpose of positioning the virtual eyewear and generating your previews. This processing occurs in real time, locally on the device: the landmark data are not stored and are not transmitted to Spaarkly’s servers.
6.2 VTO Explorer may ask you to capture a limited number of images during the session to generate personalised previews of multiple products. These images are processed locally on the device used for the experience and are not automatically uploaded to Spaarkly’s servers. Where the experience runs on a device installed in a point of sale, showroom, event venue or other public place and you choose to obtain, download or share the final photos (through “Shoot & Share” or equivalent functions), only the final photos you select are temporarily uploaded to Spaarkly’s servers, solely to make them available to you, and are deleted as described in the Privacy Policy (at the latest within 24 hours, if you do not delete them earlier).
6.3 We also process technical data such as device information, session data and usage statistics, as described in the Privacy Policy.
6.4 Data processed by the AR PD Meter feature follow a different flow (including transmission of derived technical data to Spaarkly’s backend in the European Union) and are governed by the AR PD Meter Terms and by the Privacy Policy.
6.5 The Privacy Policy describes in detail how we collect, use and protect data in connection with the Services. Please review it before using the Services. By accepting these Terms you acknowledge that you have had the opportunity to read it.
7.1 You agree to use the Services only for lawful purposes and in compliance with these Terms and all applicable laws.
7.2 You shall not:
8.1 The Services are typically embedded within a Client’s website, application or premises, but operate under these separate Terms. Your acceptance of these Terms is distinct from your acceptance of the Client’s own terms.
8.2 Spaarkly is not responsible for the content, privacy practices or policies of the Client’s platform. Any purchases or other transactions you enter into with the Client are governed exclusively by the Client’s terms and conditions.
8.3 Spaarkly is not the seller of the eyewear products presented through the Services, does not operate a marketplace, and is not an optician, optometrist or other eye-care provider. Spaarkly is not responsible for product prices, availability, prescriptions, product claims, or the conclusion and performance of any sale.
9.1 The Services are designed for a general audience. Users below the age at which they can validly consent to information society services in their country of residence (in Italy, 14 years) may use the Services only with the consent or authorisation of a parent or legal guardian, where required by applicable law.
9.2 If you are under 18, you should review these Terms with a parent or legal guardian and use the Services only with their approval. We encourage parents and guardians to monitor their children’s use of digital services.
9.3 Stricter age conditions apply to AR PD Meter, as set out in its dedicated terms.
10.1 ARShades mobile applications are distributed through third-party app stores (Apple App Store, Google Play). Your download and use of a mobile application are also subject to the applicable store’s terms. The store operator is not a party to these Terms, is not responsible for the Services and has no obligation to furnish maintenance or support for them.
10.2 Apple App Store. If you downloaded a mobile application from the Apple App Store, the following applies in addition: (a) these Terms are concluded between you and Spaarkly only, not with Apple Inc. (“Apple”); (b) your licence is limited to a non-transferable licence to use the application on Apple-branded products that you own or control, as permitted by the App Store usage rules; (c) in the event of any failure of the application to conform to an applicable warranty, you may notify Apple and Apple will refund any purchase price paid for the application; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the application; (d) Apple is not responsible for addressing any claim by you or a third party relating to the application, including product-liability claims, claims that the application fails to conform to legal or regulatory requirements, and consumer-protection or similar claims; (e) in the event of a third-party claim that the application or your use of it infringes intellectual-property rights, Spaarkly — not Apple — is responsible for the investigation, defence, settlement and discharge of such claim to the extent required by these Terms; (f) you represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (g) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary.
10.3 Google Play. If you downloaded a mobile application from Google Play, your download and use are also subject to the applicable Google Play terms. Google LLC (“Google”) is not a party to these Terms, is not responsible for the Services or the application, and has no obligation to furnish maintenance or support for them. You agree to comply with applicable export-control laws in your use of the application.
10.4 The Services may include third-party software components licensed under their own terms.
10.5 Spaarkly is not responsible for third-party services, websites or content accessed through the Services.
11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT PREJUDICE TO YOUR NON-WAIVABLE RIGHTS (SECTION 13), THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11.2 Spaarkly does not warrant that the Services will meet your requirements, be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Services are free of harmful components.
11.3 You acknowledge that the experience may vary depending on your device hardware, operating system, browser, camera specifications and environment, and that some devices may not support the Services or may support them with reduced performance.
12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPAARKLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES, OR FROM DECISIONS MADE ON THE BASIS OF THE VIRTUAL EXPERIENCE.
12.2 Subject to Sections 12.3 and 13, Spaarkly’s total aggregate liability arising out of or relating to the Services shall not exceed the greater of (a) the amounts you paid to Spaarkly for the Service concerned in the twelve (12) months preceding the event giving rise to the liability, and (b) EUR 100.
12.3 Nothing in these Terms excludes or limits Spaarkly’s liability for: (i) death or personal injury caused by its negligence; (ii) fraud or fraudulent misrepresentation; (iii) wilful misconduct or gross negligence (including within the meaning of Article 1229 of the Italian Civil Code); or (iv) any other liability that cannot be excluded or limited under applicable law.
13.1 These Terms do not exclude, limit or affect any Non-Waivable Rights, including — where you act as a consumer — mandatory consumer-protection rights of your country of residence. Where any provision of these Terms conflicts with a Non-Waivable Right, the mandatory provision prevails to the extent of the conflict, and the remainder of these Terms continues to apply.
14.1 To the extent permitted by applicable law, you agree to indemnify and hold harmless Spaarkly, its affiliates, officers, employees and agents from and against claims, liabilities, damages, costs and expenses (including reasonable legal fees) arising from your unlawful use of the Services, your violation of these Terms, or your violation of any rights of another person or entity.
14.2 This Section does not apply where and to the extent prohibited by applicable law, including mandatory consumer-protection law.
15.1 Spaarkly may modify, suspend or discontinue the Services, or any feature of them, at any time. Where a change materially reduces the Service, we will use reasonable efforts to give advance notice through the Service or the Client’s platform.
15.2 Spaarkly may revise these Terms. For material changes we will give reasonable advance notice (at least 15 days where practicable) by posting the updated Terms — identified by version number and date — through the Services, on the Client’s platform, or at the address where these Terms are published.
15.3 Your continued use of the Services after the stated effective date constitutes acceptance of the updated Terms. Where a Service collects acceptance through an in-flow mechanism, the updated Terms will be presented for renewed acceptance. If you do not agree with the changes, you must stop using the Services.
15.4 Changes affecting the data processing described in the AR PD Meter Terms do not apply to you until you have renewed your express consent as described there.
16.1 You may stop using the Services at any time.
16.2 Spaarkly may suspend or terminate your access to the Services in the event of a violation of these Terms or of applicable law.
16.3 Sections which by their nature are intended to survive (including Sections 5, 11–14, 17–19) survive any termination.
17.1 These Terms are governed by the laws of Italy, excluding its conflict-of-law provisions.
17.2 Any dispute arising out of or relating to these Terms or the Services shall be subject to the jurisdiction of the courts of Potenza, Italy — except that, if you are a consumer, nothing in this Section deprives you of the protection of provisions that grant you the right to bring or defend proceedings in the courts of your place of residence, or of any other mandatory jurisdiction rules applicable to consumers (including, for consumers residing in the European Union, the rules of Regulation (EU) 1215/2012).
17.3 Before resorting to formal proceedings, both parties agree to attempt to resolve any dispute through amicable discussions. If you are a consumer, you may also have recourse to alternative dispute resolution bodies available in your country.
The provisions of this Section apply only to Users residing in the regions indicated and prevail over the rest of these Terms to the extent of any conflict.
If you are a consumer residing in the EEA or the UK: (a) you retain all mandatory rights and conformity remedies provided by applicable consumer law, including — where the Services qualify as digital content or digital services — those under Directive (EU) 2019/770 as implemented in your country (in Italy, Articles 135-octies et seq. of the Consumer Code) or under the UK Consumer Rights Act 2015; (b) you may bring proceedings in the courts of your country of residence; (c) nothing in these Terms limits rights under national rules implementing EU consumer-protection law; and (d) Sections 12.2 (liability cap) and 14 (indemnification) do not apply to you — your rights and Spaarkly’s liability are governed by the applicable statutory rules, without prejudice to Sections 12.1 and 12.3.
Solely for Users residing in the United States, and to the maximum extent permitted by applicable law:
(a) CLASS ACTION WAIVER — YOU AND SPAARKLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.
(b) JURY TRIAL WAIVER — each party waives, to the extent permitted by law, any right to a trial by jury in any proceeding arising out of these Terms or the Services.
(c) Some states do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages; in those states, some or all of the exclusions and limitations in Sections 11 and 12 may not apply to you, and Spaarkly’s liability is limited to the greatest extent permitted by law.
(d) If the class action waiver in paragraph (a) is found unenforceable in a given proceeding, it shall be severed for that proceeding without affecting the remainder of these Terms.
(e) Nothing in this Section restricts your right to file complaints with applicable regulatory agencies.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or the New Zealand Consumer Guarantees Act 1993 that cannot lawfully be excluded. Where permitted, Spaarkly’s liability for breach of a non-excludable guarantee in relation to services is limited to the re-supply of the services concerned.
For Users residing in other countries, the savings clause in Section 13 applies: mandatory local rights prevail over any conflicting provision of these Terms.
19.1 Severability. If any provision of these Terms is found unenforceable or invalid, it shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain in full force.
19.2 No waiver. A failure by Spaarkly to enforce any provision shall not constitute a waiver of that or any other provision.
19.3 Assignment. You may not assign these Terms. Spaarkly may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, provided your rights are not reduced.
19.4 Force majeure. Spaarkly shall not be liable for delays or failures caused by events beyond its reasonable control.
19.5 Notices. Notices to Spaarkly must be sent to the contact address in Section 20. Notices to you may be provided through the Services or the Client’s platform.
19.6 Entire agreement. These Terms — together with the Privacy Policy and, where applicable, the AR PD Meter Terms — constitute the entire agreement between you and Spaarkly regarding the Services and supersede any prior agreement relating to them, including the ARShades VTO Terms and Conditions of Use dated 21 March 2025.
19.7 Language. These Terms are drawn up in Italian, which is the authoritative text (terms/it.md). This English version and any other translations are provided for convenience only; in case of discrepancy, the Italian version prevails.
Spaarkly s.r.l. VAT No. IT02077620769 Email: legal@spaarkly.com
For privacy matters: privacy@spaarkly.com (see the Privacy Policy).
By clicking “Accept” or by using an ARShades Service, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.
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