Terms and Conditions of Contract

By registering, I agree to the following Terms and Conditions of Contract:

1.
Augmelity offers companies and individuals (hereinafter called “Users”) the opportunity to combine items such as business cards, postcards, invitations or other advertising materials and items with “Augmented Reality” (“AR”). To this end, the user is given access to the Augmelity AR Portal / to the Augmelity AR Database (Joachim richtiger Name dafür? / Joachim, is this the right name?) and can use this to combine specific items such as flyers or advertising materials (hereinafter called the “Object”) specified as per the scope of the contract with an AR file (hereinafter called the “Content”). Such Content could be an image, a film, an audio file or a 3D animation. Technically, this content can be exchanged on the Object via the database any number of times.
The user can “read” this Object link with the Augmelity AR Viewer, available free-of-charge as a Smartphone app, i.e. by pointing the Smartphone at the object, e.g. the page of a book, and the “Content” will be displayed on the Smartphone as video, image or corresponding file.
The project is in the so-called beta phase, which is free-of-charge. During the beta phase, technical disruptions may occur. We ask our users to tell us of any problems so that we can make Augmelity better.
1.
The user receives access to the Augmelity AR Database from Augmelity (a so-called “Account”) as well as an explanation of how Contents are linked with Objects.
During the free test phase, the user is given the opportunity to link five Objects with Contents; the Contents may be exchanged at any time. The user is free to choose any Object, no matter who the author or what objects.
The Contents of a data volume limit of x??? MB per Content.

2.
Augmelity shall ensure that the database is fully functional and provides the technical processes required to use the AR. Support is available under the EMAIL ADDRESS … from Monday to Friday, 9am to 5pm. Könnt Ihr das sicherstellen? Laut Jasmin keine Uhrzeit angeben. / Could you make sure this is available? Jasmin says not to specify times.

3.
3. 1. Responsibility for Contents, Legal Ownership
3.1. The user is responsible for any actions that he or she takes in connection with using AUGMELITY-AR. Augmelity does not accept responsibility for any Contents added by the user, nor for any of the user’s actions relating to the presentation of Contents.
3.2. The user guarantees that he or she holds all rights (copyright, trademark and other intellectual property rights) in the Contents added by him/her and that he/she is able to effectively grant said rights to Augmelity to allow the services of AUGMELITY-AR to be provided. The user further guarantees that the Contents are free from third-party rights, which could be contrary to the granting of rights under this contract. Moreover, the user guarantees that the Contents have already been published and that the author will not take legal action against publication by the user. The user guarantees that use of the contents under this contract does not violate any third-party personal rights, and particularly that the persons shown agree to the Contents being used as per this contract.
3.3. The user guarantees that the Contents added by him//her are not contrary to applicable law, third-party rights or other legal provisions, and that they are free from pornographic or racist content, content glorifying violence and content not suitable for minors.
3.4 Snispl points out that linking contents via AUGMELITY-AR could violate third-party rights (copyrights, trademark and other intellectual property rights) by linking up the Contents e.g. with third-party items or work or referencing these. The author guarantees that he/she will obtain the explicit consent of the rightsholders before setting up such links or making such references.
3.5. Augmelity will follow up on any reports of legal violations by its user of AUGMELITY-AR. Augmelity may remove any contents in violation of Sections 3.2 and 3.3 without announcing this to the user in advance. In addition, in the event of repeated violations, Augmelity may block the user from using AUGMELITY-AR or terminate the user agreement by extraordinary cancellation.
4.
The user shall indemnify Augmelity from all third-party claims which are asserted against Augmelity due to a violation by the user of the legal provisions, against third-party rights (particularly copyright, trademark and personal rights violations) or against contractual obligations, assurances or guarantees, when first requested to do so. This indemnification shall also include all costs which Augmelity incurs in the context of defending against any legal claims (cost of solicitor, court fees, in the statutory amounts). The user shall notify Augmelity immediately if he/she becomes aware of any violations of contractual rights. If third-party claims are asserted, the user is obligated to assist in resolving the issue immediately and fully and to give Augmelity access to any information that may be required in a suitable manner.
5.
Augmelity shall be liable without limitations if the compensation claims are based on an intentional or grossly negligent violation of duty on the part of Augmelity, or on the part of a legal representative or assistant of Augmelity. When material contractual obligations are breached, Augmelity shall be liable for typical, foreseeable damages, if these were caused by simple negligence, except if these are compensation claims by the user from a loss of life, bodily harm or damage to health. Contractual obligations are material if their violation puts performance of the contractual purpose at risk or if their performance makes the proper performance of the contract possible in the first place on the performance of which the user can regularly rely. This shall not affect the applicability of the provisions of the Product Liability Act.

6.
This contract is agreed until 15/03/2019, the end of the free beta phase. Augmelity shall approach the user in advance to notify the user of a renewal of the contract. In future, a distinction shall be made between commercial and private users. The aim is to offer private users a free basic version.
Augmelity is also entitled to extraordinary cancellation if AR platform operations are closed down.
The user may delete its database account at any time and stop using AR without the need to make a separate statement.
7.
Should any individual parts of this agreement be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid or impracticable provision with a provision approximating the original intention.

Hamburg, 18/11/2018
Augmelity, a product by JW Technology, represented by the managing directors Georg Ehrmann and Jasmin Wollesen,
Colonnaden 51
20354 Hamburg

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