Terms of Use
ABOUT US
arplace is an augmented reality tool platform (the Platform). Through the Platform, arplace offers its users the possibility to overlay digital objects and digital experiences (arplaces) georeferenced into reality and to experience them on a mobile device via a free and intuitive application for Android or iOS. A network of different users offers these opportunities on a collaborative level.
1. WELCOME TO THE WORLD OF ARPLACE!
These terms of use (the Terms of Use) govern the use of arplace, unless separate terms for the commercial use of arplace apply. They also contain information about the services of arplace. As soon as you create or use an arplace account, you agree to these Terms of Use.
2. YOUR ARPLACE
We,
arplace GmbH
software development
Gewerbegebiet Nord 9
5222 Munderfing, Austria
UID number: ATU75811089
Company registration number: FN 538572v
(hereinafter referred to as arplace GmbH or we) provide various services via the Platform, including:
(a) the arplace website (available at: https://arplace.io/):Our website is primarily a marketing site, which presents our Platform and on which our contact details, Terms of Use and Privacy Policy are made available.
(b) the arplace application for mobile devices (Android and iOS):Our mobile application is your main interface to experience our Platform. It allows you to create and share your own arplaces as well as discover creations of others around you.
(c) the in-app and other news services and messages from arplace:This includes emails through which we circulate the arplace newsletter to you.
These are hereinafter together referred to as arplace.
3. DEALING WITH THE PLATFORM IN ACCORDANCE WITH THE VALUES OF ARPLACE
3.1 The aim of arplace is to incorporate virtual elements into reality. This is always done with a view to promoting a non-judgemental, informative, equal and safe user environment.
3.2 The Platform is designed to create shared experiences through virtual connectedness that benefit the entire arplace community by allowing everyone to share the results. The virtual environment should always be nonjudgmental and consist exclusively of experiences that do not exclude or discriminate against anyone from the community, without limiting the creativity and needs of all users. Following this idea, and depending on your position and your user behaviour, certain experiences may be suggested or made accessible to you.
3.3 To use arplace, you must be at least 14 years old. You must not be excluded from receiving the services under the relevant laws in the country of use or be subject to any applicable sanction restrictions.
3.4 An arplace account you have applied for must not have been deactivated before.
3.5 Under these Terms of Use, you further specifically agree to refrain from the following actions:
(a) circumventing or undermining technological protection measures of the software or the Platform;
(b) disassembling, decompiling, decrypting, hacking, emulating, exploiting or reverse engineering the software or the Platform;
(c) passing on the arplace account to third parties;
(d) publishing, copying, renting, leasing, selling, exporting, importing, distributing or lending the software or the Platform;
(e) using arplace to distribute unsolicited advertising or commercial content or other unwanted or unreasonable nuisance (spam);
(f) eliciting or encouraging erroneous readings of actual user interactions with arplace;
(g) abusing the notification, complaint, dispute or appeal procedure, for example, by making groundless, wanton or frivolous statements;
(h) using arplace to drive advertising or sell sponsorship unless individually negotiated; and
(i) using arplace in a manner which:
(i) contradicts these Terms of Use, separate terms for the commercial use of arplace, if applicable, or the Privacy Policy;
(ii) otherwise violates any binding agreements or applicable law; or
(iii) interferes with or may interfere with the use of arplace by third parties.
4. ADVERTISING AND DATA PROTECTION
4.1 In return for being granted access to arplace free of charge, you agree that you may be shown advertising when using arplace, which may also be adapted by us to suit specific target groups, and that personal data may be used in this context to display content that may be relevant to you.
4.2 However, your personal data will not be sold on and no information will be shared from which you can be directly identified unless you expressly give your consent. Only statistical analyses in anonymised form are passed on to advertisers and customers.
4.3 For the provision of arplace it is necessary that we process the data provided by you. By using arplace, you agree to this processing of personal data in compliance with our Privacy Policy.
5. YOUR CONTENT ON ARPLACE
5.1 If you have an arplace account, you can upload content. You may use this content to promote your business or your artistic activity. See more information on the commercial use of arplace under section 12 (Commercial use of arplace).
5.2 Content submitted to arplace must not infringe the rights of third parties, so you must not, for example, upload content that contains the intellectual property of third parties unless you have been given permission or are otherwise authorised to do so.
5.3 You are solely responsible for all content that you submit to arplace. Even if we use automated systems and take precautions to analyse content in order to detect violations of our values and illegal content, this does not release you from your responsibility for your content.
6. RIGHTS GRANTED
6.1 You retain your rights to your content, in particular your rights as the author and all existing industrial property rights to your content. So yours remains yours. However, it is necessary that we as well as other users are granted certain rights to your content, therefore you agree in particular to the following granting of rights:
(a) Granting a licence to arplace GmbHYou grant us the worldwide, non-exclusive, free of charge, transferable and sub-licensable right to use, distribute, modify, copy, display publicly, translate and create derivative works from all content uploaded or shared by you.
(b) Granting licences to other users of arplaceYou grant every user of arplace the worldwide, non-exclusive, free-of-charge right to access and use your content within the framework of the services, insofar as arplace makes this possible.
(c) Licence termThe licences granted by you continue until your content is removed from arplace, unless otherwise required by law or technology. See more information regarding the deletion of your content and termination of your arplace account under section 9 (Blocking and termination). Neither we nor any other user of arplace is obliged to delete any copies of your content from arplace.
(d)
Right to monetisationYou grant us, free of charge, the right to monetise your content, whether by displaying advertisements or by charging fees in connection with your use or sale of your content.
6.2 If the use of arplace requires or includes downloadable software, you are granted a personal, worldwide, free of charge, non-transferable and non-exclusive right of use. Subject to any additional terms you may be made aware of upon downloading such software, you only have the permission to use arplace in the offered form. However, you are not entitled to reproduce, modify, distribute, sell or rent the downloaded software. Furthermore, you may never reconstruct (reverse engineer), extract parts of or manipulate our software, whether for private or commercial purposes.
7. RESERVATION
7.1 Unless otherwise expressly provided in these Terms of Use, all rights arising from the use of arplace remain with arplace GmbH or the respective rights holders. In particular, you do not acquire any copyrights or other proprietary rights to the content that you can access.
7.2 As expressed in more detail in section 10 (Limitation and exclusion of liability) the use of the services and reliance on any content on arplace is at your own risk. The completeness, truthfulness, accuracy or reliability of the published content or communications are not confirmed or guaranteed by us. The opinions and views presented on arplace do not necessarily reflect those held by us. You understand that by using arplace you may be exposed to offensive, harmful, false or otherwise inappropriate content and in some cases content may be mislabelled or otherwise misleading. This is the sole responsibility of the person from whom such content originated
7.3 If you encounter content that violates the law or these Terms of Use, is offensive, or otherwise violates our standards or values, you may report such content to us via support@arplace.io.
8. COPYRIGHT PROTECTION
If you believe that your copyright has been infringed by users of arplace, please contact us via support@arplace.io.
9. BLOCKING AND TERMINATION
9.1 Even if not with pleasure, we will let you go at any time. You can stop your activity on arplace and delete your content and your arplace account at any time. If your content has been made available to us, neither we nor any other user is obliged to delete any copies of your content from arplace if you delete your content or your arplace account including all your content.
9.2 Without prejudice to point 9.1 we reserve the right to deactivate your arplace account at any time if you violate these Terms of Use or any other arplace policy, either grossly or persistently, or if we are required to do so by order of any governmental or legal authority or by law, or if we believe that your conduct is or may be harmful to us or other users on arplace in a manner that is unlawful or in breach of these Terms of Use.
9.3 If we become aware that your content violates these Terms of Use, separate terms for the commercial use of arplace, if applicable, or otherwise violates our values or could harm other users, we reserve the right to delete such content without notice.
9.4 If we have to delete your content or block your arplace account, we will notify you, if necessary. This is not the case, for example, if notification would violate official orders.
10. BLOCKING AND TERMINATION
10.1 You hereby explicitly acknowledge that you use arplace at your own risk
10.2 arplace is provided in its respective state (on an "as is" basis). In this respect, we make no warranty or representation as to the nature or characteristics of arplace, including but not limited to the results of the use of arplace, its conformity, accuracy, completeness, reliability, security, etc. The same applies to the market value of arplace, the satisfaction of the users or the suitability of arplace for any particular use.
10.3 The foregoing also applies to arplace, including the servers and software necessary for its operation, being free of interruptions or errors, program errors, viruses or harmful elements, or to the elimination of such errors, program errors, viruses or harmful elements.
10.4 We do not provide any warranty, representation or expectation as to the accuracy, completeness or timeliness of the information, content and/or objects available on arplace. In particular, there is no exhaustive control of any kind of content or of the expressions published by users on arplace or of the actions of users within the framework of arplace. Accordingly, we do not warrant or assume any responsibility with respect to your own actions and/or the actions of other users of arplace.
10.5 arplace may contain links to third-party providers. We have no influence on the products, services or content presented there and therefore do not assume any responsibility or warranty with respect to any such third party products, services or content. We recommend that you handle such products, services or content with care.
10.6 You shall bear all costs of your own infrastructure necessary for the use of arplace. You shall bear all risks associated with the expenditure of time and effort or the loss of data or with the disruption or loss of commercial or other information through the use of arplace.
10.7 You shall be solely responsible for any damage caused to us, our successors in title, external partners, hosting providers as well as our employees, officers and directors (collectively, the Affiliates) or other users of arplace or to any other person or entity as a result of your use of arplace in violation of the law or these Terms of Use.
10.8 In the event of operational disruptions resulting in the temporary inability to use arplace, including any part thereof, we shall be entitled, at our sole discretion, to extend the respective contract term for a reasonable period of time, free of charge, with respect to the respective downtime for which we are responsible.
10.9 With regard to paid services or products, this is your only monetary claim in this regard. Any rights of termination shall remain unaffected.
10.10 Therefore, under no circumstances shall we be liable for any damages resulting from your inability to use arplace or parts thereof.
10.11 Under no circumstances shall we be liable for any direct, indirect, incidental, consequential or other damages resulting from the use or inability to use arplace, even if we have been advised on the possibility of such damages.
10.12 In the event that you breach obligations resulting from applicable laws, these Terms of Use or any other binding agreements, we reserve the right to (i) delete, at our sole discretion, your arplace account and to revoke your right to use arplace, and (ii) take civil or criminal action to stop further infringements and seek compensation for existing losses. In particular, we reserve the right, without limitation, to hold accountable users who have intentionally caused or attempted to cause damage to arplace, or have interfered with the proper functioning of arplace or have assisted in doing so.
10.13 arplace is constantly being developed and improved. We reserve the right to limit or discontinue the operation of our services at any time and without prior notice.
10.14 You hereby acknowledge and accept that, within the limits of the law, in the event of a dispute with us, you may (i) discontinue the use of arplace and terminate your arplace account and (ii) take legal action to recover losses, if any. In addition, we shall only be liable for the replacement of the content acquired for consideration. Such content will be replaced by us, upon your complaint and to the extent recognised as unusable, by an appropriate amount of content and based on our selection.
10.15 Notwithstanding the foregoing, under no circumstances shall the provisions of this section 10 limit our liability for wilful misconduct, gross negligence, death or personal injury, or for the culpable breach of so-called cardinal obligations.
10.16 Furthermore, the limitations, exclusions and disclaimers in this section 10 and other provisions in these Terms of Use shall apply only to the extent permitted by law.
10.17 To the extent exemption from liability is permitted by applicable law, we are not responsible and any liability on our part is excluded for:
(a) losses not caused by a breach of these Terms of Use or other acts by us or our Affiliates;
(b) any loss or damage that was not a reasonably foreseeable consequence of a breach of these Terms of Use by us or our Affiliates at the time of your first use of arplace;
(c) content transmitted by users or offensive, indecent or unlawful acts by users; or
(d) other events beyond our reasonable control.
10.18 If you are an entrepreneur within the meaning of the Austrian Consumer Protection Act, we accept no liability for lost profits or indirect or consequential damages (regardless of whether these losses were foreseeable or not).
10.19 For the use of arplace in the context of your business, please also note point 12 (Commercial use of arplace).
11. WARRANTY AND INDEMNITY BY USERS, DAMAGES
11.1 You hereby agree to defend and indemnify, upon demand by us, us and our Affiliates from and against any and all liability, claims and damages and all related costs, including costs of litigation, arising out of or resulting from any breach of these Terms of Use for which you are responsible or which you caused as a result of your conduct on arplace.
11.2 Without prejudice to the foregoing, you agree to defend and indemnify us against any inappropriate or illegal use of your arplace account. This shall also apply in the event of inappropriate or illegal use by a third party to whom you have granted authorisation to use your arplace account. You acknowledge your personal liability for the use of arplace and for any of your activities on arplace.
11.3 We reserve the right to assume, at our own expense, full responsibility for the defence and treatment of any incident to which you as user are actually obligated. In this case, your obligation to indemnify us in respect of the case in question shall lapse. The provisions in this section 11 shall remain in force and effect even after the termination of these Terms of Use or your arplace account.
12. COMMERCIAL USE OF ARPLACE
12.1 The use of arplace for personal, non-commercial activities is free of charge. In order to keep our offer fundamentally free of charge and thus give everyone access to the benefits of arplace, we are primarily dependent on the proceeds from sales of objects on arplace.
12.2 We support the commercial use of arplace and are happy if you use our services for your business. If you wish to use arplace for commercial purposes please feel free to contact us via office@arplace.io.
12.3 The use of arplace for commercial purposes will be governed by separate terms for the commercial use of arplace.
12.4 We may contact you specifically within the framework of a statistical evaluation to find out whether you use arplace for business purposes. You hereby declare your consent to the analysis of your user data for this purpose.
12.5 If you are using arplace on behalf of a company or organisation, you confirm that you are authorised to act on behalf of that company or organisation.
13. INVALIDITY OF PROVISIONS OF THESE TERMS OF USE
13.1 If any provision of these Terms of Use is or becomes void, invalid or unenforceable at any time, the validity or enforceability of the remaining Terms of Use shall not be affected. It is not necessary for the parties to set out and prove their intention to maintain these Terms of Use even without the void, invalid or ineffective provisions.
13.2 The void, invalid or ineffective provision shall be deemed to be replaced by such valid and effective provision which comes closest in legal and economic terms to what the parties have agreed or would have agreed in accordance with the purpose of these Terms of Use if they had been aware of the voidness, invalidity or ineffectiveness of the relevant provisions at the time of concluding this Terms of Use.
13.3 The foregoing shall apply mutatis mutandis to the filling of any gap in these Terms of Use.
14. APPLICABLE LAW
These Terms of Use and all non-contractual obligations arising out of or in connection with them shall be governed by Austrian law, excluding its conflict of law rules.
15. PLACE OF JURISDICTION
All disputes arising out of or in connection with these Terms of Use, including disputes relating to the formation, validity, avoidance or invalidity of these Terms of Use and the breach of any obligation hereunder, shall be subject to the jurisdiction of the competent court for the 1st District of Vienna, Austria. Any other statutory provisions of a mandatory nature shall remain unaffected.
16. UPDATING THESE TERMS OF USE
From time to time, we may make changes to arplace and revise our policies and values. Accordingly, we may also revise these Terms of Use to reflect new requirements. We will post the most current version of the Terms of Use on our website and keep you informed of any changes. This will give you the opportunity to keep up to date with any changes. Your continued use of the Service will mean that you accept and are bound by the updated Terms of Use. If you do not wish to agree to these or any updated terms of use, you can delete your arplace account within our arplace application for mobile devices.