General Terms and Conditions
GOTOVIAR B.V.
Version: 26.02
Date: 12 February 2026
Effective as of: 12 February 2026
These General Terms and Conditions apply to all offers, quotations, Agreements and deliveries of GOTOVIAR B.V., established in the Netherlands and registered with the Chamber of Commerce under number 89031938, hereinafter: “GOTOVIAR”.
1. Definitions
In these General Terms and Conditions, the following terms have the meanings as defined below:
1.1 General Terms and Conditions: these general terms and conditions of GOTOVIAR.
1.2 Services: all services provided by GOTOVIAR, including (but not limited to) software services, XR solutions, remote support, implementation, consultancy, Proof-of-Concepts, pilots, maintenance, hosting, training and further development.
1.3 Software: software developed and/or made available by GOTOVIAR, web applications, portals, dashboards, XR applications, APIs, plugins and related updates.
1.4 Agreement: any agreement between GOTOVIAR and the Customer relating to the provision of Services and/or Software, including quotations, order confirmations, appendices and any additional arrangements.
1.5 Customer: the natural person or legal entity entering into an Agreement with GOTOVIAR.
1.6 Users: employees, auxiliaries, contractors or other persons who, under the responsibility of the Customer, make use of the Services and/or Software.
1.7 Materials: all materials developed or provided by GOTOVIAR in the context of the Agreement, including 3D models, visuals, documentation, reports, designs, configurations, output and other works.
1.8 Customer Materials: all data, content, instructions, materials and business information provided by the Customer.
1.9 Additional Work: activities that are not expressly included in the Agreement and that lead to additional costs.
1.10 SLA: a Service Level Agreement in which availability, support and response times are expressly and set out in writing.
1.11 DPA: a data processing agreement (Data Processing Agreement) as referred to in the GDPR.
1.12 In Writing: communication by e-mail, via a portal or ticketing system made available by GOTOVIAR, or via other written means of communication.
1.13 EULA: the End User License Agreement of GOTOVIAR, containing additional terms governing the use of the Software, which may be provided as an attachment to the Agreement or made available through the portal.
2. Applicability and order of precedence
2.1 These General Terms and Conditions apply to all offers, quotations, Agreements and deliveries of GOTOVIAR, unless otherwise agreed in writing.
2.2 These General Terms and Conditions apply exclusively to agreements with business Customers (B2B). GOTOVIAR does not provide its Services or Software to consumers.
2.3 The applicability of any general terms and conditions, purchasing conditions or other conditions of the Customer is expressly excluded.
2.4 If parts of the contractual documentation conflict with each other, the following order of precedence applies (from high to low):
- the Agreement, quotation or order confirmation
- any appendices, including product terms, EULA, SLA and DPA
- these General Terms and Conditions
2.5 If one or more provisions of these General Terms and Conditions prove to be null and void or voidable, the remaining provisions shall remain in full force and effect. In that case, the Parties shall agree on a replacement provision that approximates the intent of the original provision as closely as possible.
2.6 GOTOVIAR is entitled to amend these General Terms and Conditions. Amendments shall take effect 30 days after announcement, unless another period is stated. If the Customer does not agree to a material amendment, the Customer may terminate the Agreement in writing as of the effective date of the amendment.
3. Quotations, offers and formation of the Agreement
3.1 All quotations and offers of GOTOVIAR are non-binding, unless expressly stated otherwise.
3.2 An Agreement is concluded at the moment that:
- the Customer accepts a quotation in writing
- GOTOVIAR sends an order confirmation
- the Customer makes use of the Services and/or Software
- or payment has been received from the Customer if advance payment has been agreed
3.3 GOTOVIAR is not bound by obvious mistakes or errors in quotations or offers.
3.4 If the Customer places an order without a prior quotation, GOTOVIAR’s order confirmation shall be leading.
3.5 If the Customer or Users install, activate, use the Software, or register via the portal, this shall also constitute acceptance of the applicable EULA and any product-specific terms.
4. Performance of the Agreement
4.1 GOTOVIAR shall perform the Agreement to the best of its knowledge and ability on the basis of an obligation of best efforts, unless an obligation of result has been expressly agreed in writing.
4.2 GOTOVIAR is entitled to have (parts of) the Services performed by third parties.
4.3 The Customer shall ensure timely and complete provision of all information and cooperation necessary for the performance of the Agreement.
4.4 If the Customer does not fulfil its obligations in time or in full, GOTOVIAR is entitled to suspend performance. In that case, GOTOVIAR is entitled to charge the Customer for the costs and delay incurred as a result.
4.5 GOTOVIAR is entitled to suspend the provision of Services and/or access to the Software if the Customer fails to meet its payment obligations. GOTOVIAR shall not be liable for any damage resulting from a suspension or blocking due to non-payment.
5. Use of Software and licence
5.1 GOTOVIAR grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable right to use the Software, solely for the Customer’s internal business purposes and for the term of the Agreement.
5.2 The right of use solely includes the right to use the Software as intended and described by GOTOVIAR.
5.3 The Customer is not permitted to:
- copy, modify, decompile or reverse engineer the Software, except insofar as mandatory law permits this
- make the Software available to third parties, rent, sell, lease or otherwise commercially exploit it
- circumvent or remove security measures
- use the Software in a manner that is contrary to laws and regulations or that may cause damage to GOTOVIAR, third parties or systems
5.4 The Customer is only permitted to use the Software within its own organisation. Use by group companies or affiliates is only permitted if agreed in writing.
5.5 GOTOVIAR is entitled to take technical measures to monitor the use of the Software and to protect it against abuse, insofar as this is proportionate and necessary.
5.6 GOTOVIAR is entitled to restrict, limit (throttle), or temporarily suspend access to the Software if:
- there is abuse, fraud or unlawful use
- there is excessive use that affects stability or performance
- the Customer or Users act in violation of these General Terms and Conditions
5.7 GOTOVIAR shall, if reasonably possible, provide a warning prior to restriction, throttling or blocking and give the Customer the opportunity to remedy the behaviour.
5.8 GOTOVIAR is entitled to release updates, patches or new versions. GOTOVIAR is not obliged to develop or maintain specific functionalities unless expressly agreed in writing.
5.9 To the extent applicable, the use of the Software is also governed by GOTOVIAR’s EULA. In the event of any conflict between the EULA and these General Terms and Conditions, the order of precedence set out in Article 2.3 shall apply.
6. Proof-of-Concepts, pilots and Early Access
6.1 If the Customer makes use of a Proof-of-Concept, pilot or Early Access version, the Customer acknowledges that such versions:
- may be in active development
- may contain limited functionalities
- are not yet final or fully tested
- may be adjusted based on practical feedback
6.2 GOTOVIAR shall not be liable for any damage resulting from the use of Proof-of-Concepts, pilots or Early Access versions, except in the event of intent or wilful recklessness.
6.3 Feedback from the Customer may be used by GOTOVIAR to improve the Services and Software. The Customer cannot derive any rights from this.
7. Delivery, acceptance and changes
7.1 If the Agreement includes (parts of) custom work, implementation or delivery, GOTOVIAR shall be deemed to have delivered once the relevant Service or Software has been made available to the Customer.
7.2 Within 10 business days after delivery, the Customer must notify in writing whether it accepts the delivery or which defects it has identified.
7.3 Upon written request by the Customer, GOTOVIAR may allow a reasonable extension of the acceptance period.
7.4 If the Customer does not respond within the period referred to in Article 7.2, the delivery shall be deemed to have been tacitly accepted.
7.5 Minor deviations that do not materially limit use do not constitute grounds for refusal of acceptance.
7.6 Changes in requirements, scope or preconditions may lead to Additional Work, adjustment of planning and additional costs.
8. Additional Work
8.1 Additional Work applies if:
- the Customer makes additional requests or requirements
- the Customer does not provide information or cooperation in time
- preconditions change, including hardware, network or external applications
- activities prove necessary to keep the Agreement feasible
8.2 GOTOVIAR is entitled to perform Additional Work after written confirmation by the Customer. If urgency or reasonableness requires this, GOTOVIAR may perform Additional Work without prior confirmation. GOTOVIAR shall notify this in writing as soon as possible.
8.3 Additional Work shall be invoiced on the basis of agreed rates, or, failing that, on the basis of GOTOVIAR’s customary hourly rates.
9. Fees, invoicing and payment
9.1 All prices are exclusive of VAT and other government levies, unless stated otherwise.
9.2 Invoices must be paid within 14 days of the invoice date, unless otherwise agreed in writing.
9.3 The Customer is not entitled to set off or suspend payments.
9.4 If the Customer does not pay on time, the Customer shall be in default by operation of law without further notice of default.
9.5 In the event of default, the Customer shall owe statutory commercial interest.
9.6 All judicial and extrajudicial collection costs shall be borne by the Customer.
9.7 GOTOVIAR is entitled to suspend or block the provision of Services and/or access to the Software in the event of non-payment.
9.8 GOTOVIAR is entitled to index prices annually on the basis of the CPI (CBS) or a comparable index, with a minimum of 3%.
9.9 GOTOVIAR is entitled to adjust rates if external costs of third parties demonstrably increase, including hosting, infrastructure, licences or store-related costs. GOTOVIAR shall announce such adjustments in writing in a timely manner.
9.10 To the extent subscriptions are invoiced in advance, advance payments shall not be refunded, unless otherwise agreed in writing.
10. Term, termination and ending
10.1 The Agreement is entered into for the term stated in the Agreement.
10.2 If the Agreement is in the form of a subscription, it shall be tacitly renewed for an indefinite period after expiry of the initial term, unless otherwise agreed in writing.
10.3 Termination by the Customer shall take place as of the end of the current billing period, subject to a notice period of one (1) month.
10.4 GOTOVIAR may terminate an Agreement for an indefinite period, subject to a notice period of one (1) month.
10.5 GOTOVIAR is entitled to terminate the Agreement in whole or in part with immediate effect if:
- the Customer fails to fulfil its obligations and does not remedy this within 14 days after written notice of default
- the Customer applies for a suspension of payments, is declared bankrupt, or ceases its business
- there is abuse, fraud or unlawful use of the Services or Software
10.6 Upon termination, the right to use the Software shall lapse immediately, unless otherwise agreed in writing.
10.7 Payment obligations for periods already commenced shall remain due.
10.8 GOTOVIAR is entitled to terminate the Agreement with immediate effect if the Customer uses the Software in violation of laws and regulations or in violation of export control or sanctions legislation.
11. Changes to Services and Software
11.1 GOTOVIAR is entitled to amend, replace or further develop the Services and/or Software, including changing technical specifications, interfaces or support policy, insofar as this is reasonably necessary for maintenance, security, performance, compatibility or product development.
11.2 GOTOVIAR shall use best efforts to implement changes in such a way that the core functionality of the Services and Software remains intact.
11.3 If a change results in a material and demonstrable deterioration of the core functionality, the Customer has the right to terminate the Agreement in writing as of the date on which the change takes effect.
12. Availability, maintenance and support
12.1 GOTOVIAR strives for the highest possible availability of the Software, but provides no guarantee of uninterrupted availability unless agreed in writing in an SLA.
12.2 GOTOVIAR is entitled to perform maintenance during which temporary interruptions may occur. GOTOVIAR shall announce this in advance where reasonably possible.
12.3 Support is provided on a best effort basis and within GOTOVIAR’s usual office hours, unless otherwise agreed.
12.4 The Customer acknowledges that XR and streaming functionalities depend on factors beyond GOTOVIAR’s control, including network conditions, hardware performance, external VR applications, operating system updates and policies of hardware suppliers. GOTOVIAR provides no guarantee of specific frame rates, latency, bitrate or image quality.
12.5 GOTOVIAR is not responsible for malfunctions or limitations caused by:
- equipment, devices or networks of the Customer
- external software or VR applications of third parties
- store policies of hardware suppliers
- internet providers, firewall configurations, VPN settings or on-site restrictions
13. Warranties and exclusions (as-is)
13.1 GOTOVIAR provides the Services and Software in the condition in which they are (“as-is”) and on a best effort basis, unless otherwise agreed in writing.
13.2 GOTOVIAR does not warrant that the Services or Software:
- will function without errors
- will be available without interruption
- will be suitable for a specific purpose of the Customer
- will remain compatible with future updates of hardware, operating systems, browsers or external applications
13.3 Any information, advice or indications provided by GOTOVIAR, including performance estimates and ROI expectations, are non-binding and do not constitute a warranty.
13.4 The Customer acknowledges that the use of XR and VR applications may cause physical or mental effects, including nausea, dizziness, disorientation, fatigue or other forms of discomfort (motion sickness). GOTOVIAR provides no warranty that such effects can be prevented.
14. Intellectual property
14.1 All intellectual property rights to the Software, Services, Materials and underlying technology are vested exclusively in GOTOVIAR or its licensors.
14.2 Underlying technology includes, but is not limited to, engines, frameworks, source code, know-how, methodologies, UX structures, platform components, streaming technology, dashboards, portals, configurations and architectures.
14.3 The Customer obtains only the rights of use that are expressly granted in the Agreement.
14.4 No transfer of intellectual property rights shall take place, unless expressly agreed otherwise in writing.
14.5 If GOTOVIAR develops custom work on behalf of the Customer, the intellectual property rights thereto shall remain with GOTOVIAR, unless otherwise agreed in writing. In that case, the Customer obtains a right of use as described in the Agreement.
14.6 The Customer is not permitted to remove or modify indications of intellectual property rights, confidentiality or branding.
14.7 Feedback or suggestions from the Customer may be freely used by GOTOVIAR to improve the Services and Software, without the Customer being entitled to any compensation or rights.
15. Customer Materials and data
15.1 The Customer remains the owner of the Customer Materials.
15.2 The Customer grants GOTOVIAR a limited licence to use the Customer Materials insofar as necessary for the performance of the Agreement.
15.3 The Customer warrants that it is entitled to make the Customer Materials available to GOTOVIAR and indemnifies GOTOVIAR against claims of third parties.
15.4 GOTOVIAR is entitled to process technical logs and operational data for management, security, error analysis and optimisation of the Services and Software. To the extent such data contains personal data, this shall take place in accordance with the DPA or applicable privacy legislation.
16. Data retention, export and deletion after termination
16.1 After termination of the Agreement, GOTOVIAR may terminate access to the Services and Software and deactivate accounts.
16.2 GOTOVIAR shall retain Customer Materials stored in the context of the Services for a reasonable period in order to enable the Customer to request an export. Unless otherwise agreed in writing, this period shall be a maximum of 30 days after termination.
16.3 The Customer is responsible for requesting an export within the period referred to in Article 16.2.
16.4 Export of data shall take place only upon the Customer’s written request and may be performed by GOTOVIAR at the applicable hourly rate.
16.5 After expiry of the retention period, GOTOVIAR is entitled to delete or anonymise Customer Materials. After deletion, restoration cannot be guaranteed.
16.6 GOTOVIAR is not obliged to retain data longer than the periods resulting from laws and regulations or from the DPA.
17. Confidentiality
17.1 The Parties undertake to maintain confidentiality of all confidential information they obtain in the context of the Agreement.
17.2 Information is considered confidential if it has been designated as such by a Party or if this reasonably follows from the nature of the information.
17.3 The confidentiality obligation does not apply if:
- the information is publicly known without breach of this provision
- disclosure is legally required
- the information was already lawfully in the possession of the receiving Party
17.4 The confidentiality obligation shall remain in force after termination of the Agreement.
18. Privacy and data processing
18.1 In the context of the Agreement, GOTOVIAR may process personal data on behalf of the Customer. In that case, GOTOVIAR acts as a processor and the Customer as the controller, unless expressly agreed otherwise.
18.2 If GOTOVIAR acts as a processor, the Parties shall enter into a DPA or agree on processing provisions that comply with the GDPR.
18.3 GOTOVIAR is entitled to engage sub-processors for the performance of the Services. Sub-processors shall be included in the DPA or in an appendix thereto.
18.4 GOTOVIAR shall provide the Customer, insofar as reasonably feasible, with assistance in complying with its privacy obligations, including support with data breaches, data subject requests and DPIAs, insofar as this reasonably falls within GOTOVIAR’s sphere of influence. Any costs associated with this may be charged to the Customer if this is reasonable.
18.5 If the Customer wishes to conduct an audit or inspection with regard to data processing, this is only permitted insofar as:
- it is requested in writing
- it takes place within reasonable limits
- it is carried out by an independent third party acceptable to GOTOVIAR
- it takes place under confidentiality
- it does not require access to source code or security details that create disproportionate risks
- GOTOVIAR has the right to refuse an audit if it is disproportionate or endangers the security of GOTOVIAR or other customers
- and the costs are borne by the Customer
18.6 GOTOVIAR takes appropriate technical and organisational measures to secure personal data, taking into account the state of the art and the nature of the processing.
19. Security and Customer usage obligations
19.1 The Customer is responsible for the secure use of accounts, passwords, devices, access codes and device management.
19.2 The Customer is responsible for the use of suitable hardware, network connections and security settings, including firewall and VPN where necessary.
19.3 The Customer shall report abuse, unauthorised access or security incidents to GOTOVIAR in writing without delay.
19.4 The Customer shall refrain from acts that may disrupt the operation, availability or security of the Services or Software.
20. Compliance and Customer responsibility
20.1 The Customer is responsible for compliance with all laws and regulations applicable to it, sector standards, internal policies and compliance obligations related to the use of the Services and Software.
20.2 GOTOVIAR provides technology and services and does not act as a certifying body or compliance authority.
20.3 The Customer is responsible for assessing whether the use of the Services and Software is appropriate within its sector, risk profile and compliance framework.
20.4 The Customer is responsible for the safe and responsible deployment of XR and VR applications within its organisation, including informing Users, applying safety guidelines and assessing whether use is suitable for specific persons or working conditions.
20.5 The Customer is responsible for implementing appropriate safety measures when using XR and VR applications in physical environments, including higher-risk working environments such as factories, workshops, ship compartments, or industrial installations. The Customer shall ensure that Users are adequately instructed, that the Software is used in a safe environment, and that risks are mitigated, including risks arising from disorientation, limited visibility, (temporary) black screens, battery failure, or other hardware or system limitations.
21. Liability
21.1 GOTOVIAR’s liability is limited to compensation for direct damages only and, per event or series of related events, shall not exceed the amount paid by the Customer in the twelve (12) months preceding the event giving rise to the damage, with an absolute maximum of EUR 10,000 per contract year, unless otherwise agreed in writing.
21.2 Direct damages shall exclusively and exhaustively mean:
- reasonable costs incurred to determine the cause and scope of the damage
- reasonable costs incurred to ensure that GOTOVIAR’s performance conforms to the Agreement
- reasonable costs incurred to prevent or limit damage, provided that the Customer demonstrates that such costs have resulted in a limitation of direct damages
21.3 GOTOVIAR shall not be liable for indirect damages. Indirect damages shall in any event include: consequential damages, loss of profit, loss of savings, loss or corruption of data, loss of goodwill, reputational damage, production loss, and business interruption.
21.4 GOTOVIAR shall not be liable for damages caused wholly or partly by:
- incorrect, careless, or unlawful use of the Service by the Customer or Users
- use in violation of GOTOVIAR’s instructions, documentation, or safety guidelines
- external VR applications or third-party software
- limitations, disruptions, or incorrect configuration of internet connections, networks, or hardware
- changes to hardware, operating systems, firmware, or third-party store policies
21.5 Any claim for damages shall lapse if the Customer does not notify GOTOVIAR of the damage in writing within thirty (30) days after discovery, under penalty of forfeiture of rights.
21.6 Any claim for damages shall become time-barred no later than twelve (12) months after the event from which the damage arose.
21.7 The limitations of liability set out in this article shall not apply if the damage is caused by GOTOVIAR’s intent or wilful misconduct.
21.8 GOTOVIAR shall not be liable for damage, injury, or other consequences arising from the use of XR or VR technology, including motion sickness, disorientation, fatigue, or similar complaints, unless caused by GOTOVIAR’s intent or wilful misconduct.
22. Indemnities
22.1 The Customer indemnifies GOTOVIAR against all third-party claims arising from or related to:
- use of the Services or Software by the Customer or Users
- Customer Materials or instructions of the Customer
- unlawful use or violation of laws and regulations by the Customer or Users
- non-compliance with privacy legislation by the Customer
22.2 If GOTOVIAR is held liable by a third party as a result of circumstances referred to in Article 22.1, the Customer shall reimburse all reasonable defence costs and damages.
23. Force majeure
23.1 GOTOVIAR is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure.
23.2 Force majeure also includes: malfunctions in telecommunications, internet, data centres, power outages, cyberattacks, government measures, pandemics, strikes and failures of suppliers.
23.3 If the force majeure situation lasts longer than 60 days, both Parties are entitled to terminate the Agreement in writing without compensation.
24. Complaints
24.1 Complaints regarding the Services, Software, or invoices must be submitted in writing within fourteen (14) days after discovery. Claims for damages are governed by Article 21.
24.2 Submitting a complaint does not suspend the Customer’s payment obligation.
25. Reference use and publicity
25.1 GOTOVIAR shall use the Customer’s name and logo as a reference only after the Customer’s prior written consent.
25.2 Consent may be withdrawn by the Customer in writing. Withdrawal shall not have retroactive effect.
26. Non-solicitation
26.1 The Customer is not permitted, during the term of the Agreement and up to 12 months after termination, to directly or indirectly approach employees or hired personnel of GOTOVIAR for employment or engagement, without GOTOVIAR’s prior written consent.
26.2 In the event of a breach of Article 26.1, the Customer shall owe an immediately due and payable penalty of € 25.000 per breach, increased by € 1.000 per day that the breach continues. This penalty shall be considered a reasonable estimate of GOTOVIAR’s damage.
26.3 The foregoing does not affect GOTOVIAR’s right to claim full compensation for damages.
27. Assignment
27.1 The Customer is not entitled to assign rights or obligations under the Agreement without GOTOVIAR’s prior written consent.
27.2 GOTOVIAR is entitled to assign its rights and obligations to a third party in the context of restructuring, acquisition or transfer of business.
28. Export control and sanctions
28.1 The Customer declares that it will not use the Services and Software in violation of applicable export control legislation or sanctions regimes.
28.2 GOTOVIAR is entitled to terminate the Agreement with immediate effect if use is in violation of Article 28.1.
29. Governing law and disputes
29.1 Dutch law applies to all Agreements and these General Terms and Conditions.
29.2 All disputes arising from or related to the Agreement shall be exclusively submitted to the competent court of the Zeeland-West-Brabant District Court.
29.3 If these General Terms and Conditions are available in multiple languages, the Dutch version shall prevail.
These General Terms and Conditions entered into force in February 2026.
GOTOVIAR B.V. is a Dutch company registered with the Dutch Chamber of Commerce under number 89031938 and VAT number NL864857287B01.
GOTOVIAR B.V.
Rechtzaad 15
4703 RC Roosendaal
The Netherlands
+31 (0)6 48 63 33 21
info@gotoviar.com
https://gotoviar.com
Chamber of Commerce: 89031938
VAT NR.: NL864857287B01