Terms of Use - Imperium Apps

Last update: January 2021

Particular Augmented Reality is a mobile application for various platforms, developed and offered to you by Imperium Apps GmbH (“Provider”). They enable its users to experience curated AR (Augmented Reality) content and share their own creations with the community. Your use of the Particular Augmented Reality mobile applications and all the related services provided through it (collectively referred as “Particular”) is subject to the terms of a legally binding agreement (“Terms”) between you and the Provider.

Particular Augmented Reality is currently available for download free of charge, however, it contains one-time payment or subscription in-app purchases to unlock additional features (collectively referred as “PRO” or “Premium” features).

Acceptance

These Terms regulate the legal relationship between you and the Provider. You may not use Particular Augmented Reality if you don’t accept them. The Terms are always made available to you prior to the download of the Particular Augmented Reality application. By downloading, installing, using, or otherwise accessing Particular Augmented Reality, you are expressing your acceptance and willingness to be bound by the Terms.

You may not accept these Terms unless you are at least 13 years of age and you have sufficient legal capacity to enter into a contract. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to accept the Terms and use the Particular Augmented Reality application.

Term and Termination

The Terms will remain in full force and effect while you use the Particular Augmented Reality application and until terminated by either you or the Provider.

Termination always includes deletion of your user account and all related data and content, unless your data and content have been shared with other users, and they have not deleted them.

You may terminate the Terms at any time and for any reason by sending a written notice to the address of the Provider and deleting the Particular Augmented Reality application. Refund of your purchases is not possible.

Provider may terminate the Terms at any time and for any reason. In case of immediate termination due to your breach of the Terms you are not entitled to any refunds.

Your use of Particular Augmented Reality

You must use Particular Augmented Reality only in accordance with the Terms, for the purpose it was intended and obey all of the applicable laws.

Registration and User Account

On iOS and iPadOS Particular Augmented Reality work without the need to sign up or register an account.

However, in some cases or for some special features you have to register. You agree to provide accurate, truthful and current information and keep it up to date. You must keep your account login information confidential and secure and you may not share it with anyone. You are solely responsible for any activities that occur under your account.

The Provider reserves the right to refuse your registration or suspend your Particular Augmented Reality account at any time.

User generated content

You acknowledge that the Particular Augmented Reality app contains security technology that limits your usage of the Particular Augmented Reality app to the following applicable usage rules.
Whether or not the Particular Augmented Reality app is limited by security technology, you agree to use the Particular Augmented Reality app in compliance with the applicable usage rules:

Your use of the Particular Augmented Reality app is conditioned upon your prior acceptance of the terms of this Agreement;
You will not attempt to, or encourage or assist any other person to circumvent or modify any security technology or software that is part of the Service (as defined in the Apple Terms of Service) or used to administer the Usage Rules (as defined in the Apple Terms of Service);
The delivery of the Particular Augmented Reality app does not transfer to you any promotional use rights in the Particular Augmented Reality app;
You acknowledge and agree that you are solely and entirely responsible for the digital content you use, including but not limited to text, images, graphics, videos, 3D models, web links etc.;
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Particular Augmented Reality app any of the following:
1. User Generated Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable
2. User Generated Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Generated Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content
3. User Generated Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
4. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files
5. User Generated Content that, in the sole judgment of Particular Augmented Reality, is objectionable or which restricts or inhibits any other person from using or enjoying the Particular Augmented Reality app, or which may expose Particular Augmented Reality or its users to any harm or liability of any type.
Should your content places a significant burden on our platform or negatively impacts the work of our website, we reserve the right to restrict or temporarily disable access to your digital content; and
To improve the efficiency and performance of our platform, we reserve the right to remove any user generated content that has been inactive. For the purposes of this article, inactive means the user generated content that had no activity during two calendar months.

Provider does not review the user content, but reserves the right to remove or disable access to any user content for any reason.

Provider has no responsibility for the accuracy of the content you provided or which was created by the Particular Augmented Reality application based on your input.

You are solely responsible for backing up the content you enter or upload to Particular Augmented Reality.

License and ownership

Particular Augmented Reality application and all rights therein, including intellectual property rights, shall remain Provider’s property or the property of its licensors. Nothing in the Terms shall be construed to grant you any rights, except for the limited license granted below.

Subject to the Terms, Provider grants you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use Particular Augmented Reality and its PRO features purchased pursuant to the Terms on any same-platform device (i.e. iOS device) that you own and control. The license is granted solely for your personal, non-commercial use. Third party services or libraries included in Particular Augmented Reality application are licensed to you either under these Terms, or under the third party’s license terms, if applicable.

Based on your license, you may not access Particular Augmented Reality application with other means than the official platforms and apps provided by Imperium Apps GmbH mine or extract any data from Particular Augmented Reality databases, modify, reverse engineer, decompile, disassemble or create derivative works of Particular Augmented Reality application or any part thereof and circumvent any technology used to protect the paid PRO features. You also may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Particular Augmented Reality application.

Hardware and System Requirements

Information about the current hardware and system requirements of Particular Augmented Reality, technical restrictions and other limitations are always available on the platform-specific page of the application.

Maintenance and Support

Particular Augmented Reality is a subject to a continuous development and Provider reserves the right, at its sole discretion, to update the Particular Augmented Reality application, change the nature of the Particular Augmented Reality application or modify or discontinue some of the features without prior notice to you. You acknowledge that Provider has no obligation to maintain or update Particular Augmented Reality.

Provider does not guarantee an uninterrupted provision of the services. Particular Augmented Reality may be temporarily unavailable due to the maintenance, certain technical difficulties, or other events that are beyond Provider’s control.

If you have some questions, problems or suggestions, you can reach the Provider via contacts provided hereafter. However, you acknowledge that the support to non-paying users of Particular Augmented Reality is limited due to the limited capacity of the Provider.

PRO/Premium Features and Prices

Particular Augmented Reality application is available for download free of charge. Free version allows you to use the basic features of Particular Augmented Reality. You can unlock the PRO features by in-app purchases. Depending on the type of paid feature/features, they can be offered as a one time payment or as a subscription based in-app purchase. The user will be notified accordingly inside the app.

Current detailed information about the in-app purchase offer is always available on the platform-specific page of Particular Augmented Reality or within the Particular Augmented Reality application.

PRO features unlocked by one-time payments are non-consumable.

Current detailed information about the subscription offer is always available in the Particular Augmented Reality application.

Subscriptions are concluded for the term specified in your order. You can choose between 1 month and 12 months’ term.

Premium features unlocked by a recurring automatic subscription will be renewed automatically up to 24 hours before expiration date.

Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax).

Provider does not guarantee that Particular Augmented Reality or any of its current free or paid features will always be free or at the same price and reserves the right, at its sole discretion, to change the pricing at any time.

Downloading or using Particular Augmented Reality may incur additional costs for the internet connection. You shall bear all such costs relating thereto.

Payments and Refunds

You can purchase selected PRO features simply by pressing the “BUY” button in the platform in-app purchase dialogue which summarizes information about billing type, price and term.

By pressing the “BUY” button you enter into an additional contract pursuant to the Terms. Due to the method of conclusion of the contract, the text of the contract is not saved nor accessible.

In case you are a consumer with your normal place of abode or residence in the European Union, by pressing the “BUY” button you also consent that the contractual performance will start immediately and you acknowledge that for this reason you lose your right of withdrawal.

Payment is due and payable immediately upon completion of the purchase process. Performance starts immediately after a successful transaction by unlocking PRO features in Particular Augmented Reality. It proceeds by electronic means and is not subject to any extra fees.

If you purchased a subscription, it will automatically renew itself for another term of the same length, unless you cancel it before the current term runs out.

The subscription price is charged on the first day of the new term. You can cancel your subscription at any time. The cancellation will take effect the day after the last day of the current subscription term and Particular Augmented Reality will be downgraded.

Available payment methods, include but are not limited to, credit and debit cards, gift cards or PayPal and may vary according to the distribution platform.

Provider itself doesn’t store any payment information or process payments. Distribution platforms, payment solution providers or their contractors are solely responsible for the payment processing.

Refunds for the in-app purchases are generally not provided.

Trials

Provider may offer subscriptions with a specified trial period without payment. However, you are required to provide your payment details to start such subscription.
The regular subscription plan with your selected term will begin automatically after the expiry of the trial period, unless you cancel it before the period runs out.
The first payment for the subscription will process on the first day following the end of the trial period. By starting the subscription with trial period and providing your payment details you agree with possible future charges for the subscription.

Privacy

Some features of Particular Augmented Reality may be used only if you consent to your personal data being processed. All information, including the extent and the manner of processing your personal data is included in the “Privacy Policy”, which forms an integral part of the Terms.

You can withdraw your given consent at any time by deleting your Particular Augmented Reality account and the Particular Augmented Reality application.

Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, PROFITS OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE PARTICULAR AUGMENTED REALITY ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, MALFUNCTION, CANCELLATION OR MODIFICATION, OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF PARTICULAR AUGMENTED REALITY, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION ABOVE DOES NOT INCLUDE PROVIDER’S LIABILITY FOR FRAUD, MISREPRESENTATION AND PERSONAL INJURY OR DEATH. IN NO EVENT SHALL PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIFTY U.S. DOLLARS ($50.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT FULLY APPLY TO YOU.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PARTICULAR AUGMENTED REALITY APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT REMAINS SOLELY WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES EXCEPT AS SET FORTH IN THE PRESENT TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.

The materials at this site are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose. In no event shall Imperium Apps GmbH or its agents or officers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if Particular Augmented Reality has been advised of the possibility of such loss or damages.

Indemnification

You agree to indemnify and hold Provider, its directors, officers, employees and other representatives, harmless from any and all third-party claims arising from your use of Particular Augmented Reality, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs and attorneys’ fees.

Third-party Services

Particular Augmented Reality or their parts may include third-party services or content such as Firebase Analytics. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and that availability of such services and content is not guaranteed. You must comply with any applicable third party terms of agreement when using Particular Augmented Reality.
The mere fact that Particular Augmented Reality integrates or otherwise includes third-party services or content does not constitute an endorsement of Particular Augmented Reality by respective third parties.

iOS Platform

If you are an iOS device user, the terms in this section also apply to you:

You acknowledge that the Terms are concluded between you and the Provider only, not with Apple, and that the Provider, not Apple, is solely responsible for the App and the content thereof, excluding user content.

The license granted to you must be limited to use Particular Augmented Reality only as permitted by the Usage Rules set forth in the App Store Terms of Service,

Provider and not Apple is solely responsible for providing any maintenance and support services with respect to Particular Augmented Reality. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Particular Augmented Reality.

In the event of any failure of Particular Augmented Reality to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Particular Augmented Reality, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of the Provider.

Provider, not Apple, is responsible for addressing any your or third party claims relating to Particular Augmented Reality or your possession and/or use of Particular Augmented Reality, including, but not limited to, product liability claims, any claim that the Particular Augmented Reality fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation.

You acknowledge that, in the event of any third party claim that Particular Augmented Reality or your possession and use of Particular Augmented Reality infringes that third party’s intellectual property rights, Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

Export Control

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country and you are not listed on any U.S. Government list of prohibited or restricted parties.

Governing Law and Disputes

Unless otherwise required by a mandatory law of any jurisdiction, the Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by the laws of the Germany Republic. All the disputes shall be referred to the courts having substantive and local jurisdiction based on the address of the registered office of the Provider.

Severability

If any provision of the Terms is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other provisions of the Terms. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose.

Language

English is a primary language of communication between you and the Provider. All information about Particular Augmented Reality is available in the English language. The Terms are available in the English language only. English shall be also the binding and controlling language for the additional contracts concluded pursuant to the Terms.