Terms of use MOBILE

Last updated 05/20/2020

AR4vision is licensed to End-User by AR4vision sp. z o.o., located at Bardowskiego Street 12/9, Bielsko-Biala 43-300, Poland (hereinafter: Licensor), for use only under the terms of this document.

By downloading the Application from the Apple AppStore/Google Play, and any update thereto, You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Apple/Google is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. AR4vision sp. z o.o., not Apple/Google, is solely responsible for the licensed Application and the content thereof.

All rights not expressly granted to You are reserved.

1. THE APPLICATION

AR4vision (hereinafter: Application) is a solution that enables remote audiovisual support with augmented reality (AR) for two people in different locations - and customized for IOS mobile devices and android mobile devices.

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any IOS/Android mobile devices.

2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Terms and Conditions), sell, rent, lend, lease or otherwise redistribute the Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof.

2.5 You may not copy or alter the Application or portions thereof. You may not remove any intellectual property notices.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 The Application requires a firmware IOS version 11.0 or higher and Android 7.0 or higher. Licensor recommends using the latest version of the firmware.

3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the this document.

5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://ar4vision.com/privacy-policy/.

6. LIABILITY

6.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages.

6.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement.

7. WARRANTY

7.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

7.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of AR4vision sp. z o.o.'s sphere of influence that affect the executability of the Application.

7.3 You are required to inspect the Application immediately after installing it and notify AR4vision sp. z o.o. about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of five (5) days after discovery.

8. PRODUCT CLAIMS

AR4vision sp. z o.o. and the End-User acknowledge that AR4vision sp. z o.o., is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation.

9. CONTACT INFORMATION                  

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

AR4vision
Bardowskiego Street 12/9
Bielsko-Biala, Slaskie 43-300
Poland
contact@ar4vision.com

10. TERMINATION

The license is valid until terminated by AR4vision sp. z o.o. or by You. Your rights under this license will terminate automatically and without notice from AR4vision sp. z o.o. if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

11. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

AR4vision sp. z o.o. represents and warrants that AR4vision sp. z o.o. will comply with applicable third-party terms of agreement when using licensed Application. 

12. INTELLECTUAL PROPERTY RIGHTS

AR4vision sp. z o.o. and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, AR4vision sp. z o.o. will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims. 

13. APPLICABLE LAW

This license agreement is governed by the laws of Poland excluding its conflicts of law rules.

14. MISCELLANEOUS

14.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

14.2 Apple App Store: The following applies to any mobile applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely a matter between you and AR4vision, not Apple, Inc. (“Apple”) has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to AR4vision as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to AR4vision as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, AR4vision, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and AR4vision acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

14.3 Google Play Store: The following applies to any mobile applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are solely a matter between you and Ar4vision only, and not Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) AR4vision, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relates to AR4vision.