Terms and Conditions for HOLO (desktop)
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website www.ar4vision.com accessible at www.ar4vision.com.
These Terms will be applied fully and affect your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Intellectual Property Rights
Other than the content you own, under these Terms, AR4vision sp. z o.o. and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following:
- publishing any Website material in any other media
- selling, sublicensing and/or otherwise commercializing any Website material
- publicly performing and/or showing any Website material
- using this Website in any way that is or may be damaging to this Website
- using this Website in any way that impacts user access to this Website
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website
- using this Website to engage in any advertising or marketing.
This Website is provided “as is,” with all faults, and AR4vision sp. z o. o. express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of liability
In no event shall AR4vision sp. z o.o., nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. AR4vision sp. z o.o., including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent AR4vision sp. z o.o. from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
These Terms constitute the entire agreement between AR4vision sp. z o.o.and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Polish, and you submit to the non-exclusive jurisdiction of the courts located in Poland for the resolution of any disputes.
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
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.
7.1 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:
Bardowskiego Street 12/9
Bielsko-Biala, Slaskie 43-300
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.
14.1 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.