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TERMS OF USE:

At Captic (the “Organisation”), we have written the following Terms and Conditions or Use (“Terms of Use”) in order to explain the rights and responsibilities you have when using and after having used the “Service”.

DEFINITIONS:

For purposes of this Agreement, the terms “we,” “us,” and “our” refer to the Organisation. “You” refers to you, as a user of our Service. By “Avatar”, we refer to your 3D representation inside the virtual rooms and areas (the “Space/s”) available within the Service. By “Third-Party Services” we refer to websites, links, features or solutions that are not owned or controlled by us.

CONSENT:

By accessing the Service, you accept our Terms of Use as well as our Privacy Policy. By using the Service, you also represent and warrant that are over 18 and that you have the authority to grant us all rights and permissions necessary for the delivery and operation of the Service as well as give us permission to collect and analyse information as described below and in the Privacy Policy.

You agree that we might, at our sole discretion, use any of you data, creations, avatar appearance, name, voice, likeness, activities, chat comments, broadcasts (by any means) that you make available directly or indirectly within/via the Service and use suggestions and comments (e.g. identifying bugs) made about the Service (via any media) without any obligation to you whatsoever, incl. but not limited to the obligation of having to obtain permission or the obligation to provide compensation or credit. Additionally, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable licence to use, edit, adapt, distribute all and any of the above data (in any media present or future, and including creating derivative works from it). The purpose of this is (yet not limited to): improving the Service, creating promotional materials, etc.

CONDITIONS OF USE:

Our Terms of Use and Privacy policy automatically apply to you both when using and after the use of the Service. If you do not agree, we recommend you not to start using the Service.

You further acknowledge that these Terms of Use together with our Privacy Policy represent the complete and exclusive statement of the agreement, oral or written, between the Organisation and you and that it supersedes any proposal or prior agreement between us relating to the subject matter of this agreement.

We reserve the right (at our sole discretion and without the need to issue previous warning/s) to temporarily or permanently discontinue the Service for operational reasons or for any other reasons that we deem appropriate, without any obligation to you or any 3rd parties or clients. In order to guarantee optimum levels of performance, and for other reasons (incl. but not limited to keeping a respectful atmosphere) we reserve the right, also at our sole discretion and without warning, to ban you from any Spaces, incl. the permanent blocking or deletion of your account (and therefore your avatar and its associated appearance and nickname) and/or the blocking or deletion of any Space/s that you might have created and all the digital assets contained herein.

The Organisation does not, and cannot, pre-screen or monitor all user activity and is not responsible for the actions of its users. Opinions, advice, statements, offers, or other information or content (illegal or otherwise) made available through the Service are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

You accept that these Terms of Use form the entire agreement between you and the Organisation and that there are no other rights and responsibilities related to the relationship between you and us beyond the ones described in this document and our Privacy Policy. Should sections of these Terms of Use be deemed invalid or unenforceable, the remaining clauses will continue to have effect.

Additionally, you agree not to:

Engage in, advocate, promote or assist any unlawful act, incl. but not limited to exploiting others, money laundering or illegal gambling;
Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
Transmit any material or content that is pornographic, dehumanising, threatening, harassing, libellous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal.
Modify the design or alter the appearance of the Service and any of its components;
Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services and all and any information and IP created by its users except as permitted by this Agreement;
Use the Service in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Service, (b) constitutes an intrusion or attempt to break into the Service or the Organisation’s computers or networking systems, (c) will divert of the Service’s system resources, (d) may place a disproportionate load on the infrastructure of the Service, and (e) constitutes an attack on security and authentication measures of the Service or the Organisation’s website and operational ability.
Use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
Circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service
Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans);
Make use of another user’s account without permission or intentionally allow another user to access your account;
Intercept, monitor or disclose personal information about individuals or 3rd party organisations when using the Service via any means whatsoever.

INTELLECTUAL PROPERTY (“IP”):

You remain the owner of your own content at all times, and the Organisation does not claim any ownership rights in your IP.

You are solely responsible for safeguarding your own IP or the IP from others you are entitled to using. We have no duty to store copies of IP or any content or data in connection with you or your activities when using the Service for future availability to you or any user. We reserve the right to remove, in whole or in part, any content from the Service and from all and any Space/s that you might have created or edited without prior notice, for any reason or for no reason at all. We also reserve the right to decide whether content and activities are appropriate for use in the Service.

When using the Service, you accept not to use, share, transmit, transfer, edit and/or upload IP that is protected or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content. It is your responsibility to find ways to appropriately and fully credit the rightful IP owner of IP. You accept not to use, upload, transmit or encourage the transmission of any IP that may infringe other rights of third parties, including trademark, patent or which otherwise constitutes or promotes counterfeit materials or goods.

You acknowledge and agree that we retain ownership of and do not grant you any rights in relation to IP of any kind related to the Service, including applicable copyrights, trademarks, use of logo and other proprietary rights.

THIRD PARTY SERVICES:

The Service may contain links and solutions that enable you to access, visit or use “Third-Party Services”. We do not control Third-Party Services, and we are not responsible for the content, nature, goal or quality of such solutions. Such Third-Party Services are governed by their own terms of use. A link to a Third-Party Service does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by the Organisation. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. The Organisation may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or services available on Third-Party Services, or any transactions that take place between you and Third-Party Services even if you have been directed via the Services. The Organisation may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.

INDEMNIFICATION:

You agree to defend and hold harmless the Organisation and its respective directors, employees, advisors, investors, contributors and associates from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees) related with your use of the Service and the use you make of it.

RIGHT TO ERASURE:

You are entitled to request the deletion of any personal data we hold about you by sending to us this form filled with all information: RIGHT-TO-ERASURE-REQUEST-FORM.pdf to [email protected]. The information you provide via this form to us will be used for the purposes of identifying the personal data you are requesting that we erase and in order to respond to your request. You are not obliged to complete this form to make a request, but doing so will make it easier for us to process it.

LIMITATION OF LIABILITY:

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE; AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.

CHANGES TO OUR TERMS AND CONDITIONS:

We reserve the right to change this Terms of Use and our policy at any time, which will take effect immediately and supersedes any previous versions. It is your responsibility to periodically check our Terms of Use for updates.

CONTACT:

Should you have any suggestions or requests in connection with these Terms of Use or concerns about IP infringement you can contact us via [email protected].

Development Tools – License and Guidelines (selected partners only):

Captic’s Development Tools (“Development Tools”) are a set of solutions Captic makes available to selected partners – they comprise scripting capabilities, an SDK and a series of APIs. You can request access to our Development Tools by writing to us at hello at captic dot io and we will get back to you.

If Captic provides you with explicit access in writing, you may use the Development Tools with the intention to conceptualise, test, create or distribute a non-commercial product or services (your “Application“) as long as you agree with the License and Guidelines in addition to the Terms of Use and Privacy Policy. Captic reserves the right to refuse and cancel access to Development Tools in parts or as a while at any time, for any reason and without notice. Captic may amend or terminate the License and Guidelines at any time.

If you do not agree to the License and Guidelines or any new versions introduced by Captic or if we cancel your access to Development Tools, you must stop using the Development Tools immediately. You accept that your responsibilities, as laid out in the License and Guidelines, will continue to be valid for a period of 5 years after cancellation, termination and even if you independently stop using Development Tools.

You represent and warrant to us that you have the authority to accept the License and Guidelines on behalf of yourself, a company, and/or other organisation, as applicable. You must clearly communicate to Captic who you represent and the Application or Applications that you are developing.

Full ownership of the Development Tools and all rights in it (incl. but not limited to its source code, server-related settings and the commercial applications and models that are or can be derived from its use) shall remain with Captic. This document does not grant you any rights whatsoever (incl. right to access) in the Development Tools, source code nor any rights beyond the rights governed by the present agreement. Unless there is a prior written permission in place, you have no right to request technical advice or development support from Captic, which may be given by Captic at its sole discretion.

Captic reserves the right to charge fees for use or access of the Development Tools when such use goes over a certain rate or when intended for commercial uses. If you would like to use our Development Tools and yet require a change of the License and Guidelines, please contact us via hello at captic dot io.

The License and Guidelines do not create any partnership relationship between you and Captic. In addition, the License and Guidelines constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or understandings or agreements, written or oral. There are no third-party beneficiaries to this Agreement.

Development Tools License and Guidelines

a) Subject to your compliance with the License and Guidelines, Captic grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to use Development Tools to build your Application and let end-users access your Application. You accept to work with Captic by providing with reasonable access to your Application for the purpose of monitoring compliance with License and Guidelines.

b) You warrant that your Application has been developed to operate with Captic’s Development Tools in a lawful and secure manner and that your network, software of your servers, databases, and computer systems are properly configured to securely operate your Application.

c) In cases of actual or suspected security o privacy issues that may be directly or indirectly related to the Development Tools and your Application, you undertake to inform Captic immediately via email at staysafe at captic dot io. In such cases, you accept to work with Captic with a view to correcting the situation as soon as possible and to refrain from making public statements without written permission from Captic’s management.

c) Optionally, you undertake to provide Captic with feedback about the Development Tools and their use in your Application (hereinafter: “Feedback”). This Feedback may include but not be limited to ideas for improvements, additional features and uses of such features and bugs and may originate from you and/or your team in its widest sense as well as from users of your Application.

d) You grant Captic irrevocable, perpetual, exclusive, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, sub-license, transfer, create derivative works from and distribute any Feedback provided. You also grant Captic the right to incorporate Feedback into any form, medium or technology now known or later developed for any purposes whatsoever, commercial or otherwise without compensation, and, the entire copyright (including without limitation any rental and lending rights and rights to communicate to the public) in the Feedback throughout the universe for the full period of copyright and all renewals, revivals, reversions and extensions thereof (in perpetuity) and, to the extent relevant, by way of present assignment of future copyright incl. feeding such Feedback into artificial intelligence software (and all its future versions).

e) All documents and information about Captic’s Development Tools and its specifications are confidential and proprietary to Captic. You accept to undertake measures to keep this information secure and protected. You may use this data only in order to develop and run your Application yet without disclosing such data to third parties without Captic’s management written consent.

f) You accept that under no circumstances you will seek rescission, injunctive or similar measures or to restrain the operation of Captic as a company, its products and services or its Development Tools.

g) Development Tools may be interrupted due to updates, maintenance or failures. Captic disclaim liability for damages caused by any of this, including but not limited to loss of business and loss of data. You accept that it is your responsibility and not Captic’s to ensure that end-users and third parties are not affected by downtime, bugs or issues of any nature when using your Application.

h) You Application, once released to the public, must contain a clear and visible statement such as “Powered by Captic” as well as a working link to captic dot io across all descriptions and websites connected with it.

i) Copyright notices, trademarks and any other features serving to identify Captic and/or its Development Tools may not be removed, made invisible or changed/

j) Captic reserves the right to limit or cancel access to Development Tools if there is evidence or suspicion in relation to criminal activity or produces, distributing, or utilising offending content, as determined at the sole discretion of Captic acting reasonably. Such offending content may include but is not limited to material that is defamatory, obscene, infringing, discriminatory, or otherwise violates applicable laws or regulations. You agree to indemnify and hold Captic harmless against any claims, actions, or liabilities arising from the use of the Development Tools and/or your Application that breaches applicable laws or regulations, or involves the creation, distribution, or utilisation of offending content.

k) You authorise Captic and its affiliates to promote your Application in whatever way Captic deems appropriate. In addition, Captic and its affiliates, may use your trade names, trademarks, logos, domain names and other brand features in presentations, marketing materials and other internal and external documents for the purpose of advertising your use of the Development Tools.

l) When using Captic’s Development Tools you may not:

  1. Use the Development Tools in a way that could impair, harm or damage Captic or its technologies and products, or anyone’s use of the Captic’s Development Tools or products.
  2. Use the Development Tools for the purpose of migrating customers and/or users away from a Captic.
  3. Build databases or otherwise copy data accessed or obtained using the Captic’s Development Tools.
  4. Request from the Development Tools more data than required or with the intention of generating higher costs to Captic and its partners or in a way that affects the reliability of Captic’s products and services. Stress testing isn’t allowed and must validated with Captic in advance.
  5. Any overuse in bandwidth that you incur into might generated in a fee equal to 5 times the amounts incurred by Captic during the delivery of such tests.
  6. Attempt to go around the limitations that Captic proposes on your use of the Development Tools.
  7. Use the Development Tools, or any data obtained using the Development Tools, to investigate, exploit or disclose any potential vulnerabilities.
  8. Request, use or make available any data obtained using the Captic APIs outside any permissions expressly granted by Customers in connection with using your Application;
  9. Use your Application or the information you obtained via the use of Development Tools in a manner that you clients from Captic, existing or potential, avoid or are directed to getting Catpic’s services.
  10. Advertise, redistribute, resell or sublicense access to Captic’s Development Tools or Captic’s products and services.
  11. Use the Development Tools or allow any user to use your Application in a manner that violates applicable law in Vienna (Austria), incl. the involvement in activities without any necessary certifications and permissions.
  12. Use the Development Tools by generating risks to end-users from a privacy, security or health perspective.

Privacy and Data Protection

You must comply with all laws and regulations applicable to your use of user data, including without limitation laws related to privacy, data protection and confidentiality.

Should you capture user data via directly or indirectly using Captic’s Development Tools, you accept that:

a) You must obtain necessary consents before processing data and ensure that such consents are updated where necessary;

b) You must observe and implement data retention and deletion policies.

c) None of the content laid out in this agreement creates a joint controller or processor relationship between you and Captic.

Disclaimer of Warranties, Limitation of Liability and Indemnity in connection with Development Tools

a) Disclaimer of Warranties

CAPTIC MAKES NO WARRANTIES, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE DEVELOPMENT TOOLS. THE USE OF DEVELOPMENT TOOLS IS AT YOUR OWN RISK AND IS PROVIDED AS AN “AS IS” BASIS AND “AS AVAILABLE”. WE EXCLUDE ANY WARRANTIES FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT CAPTIC’S DEVELOPMENT TOOLS WILL WORK WITHOUT ERRORS, BUGS OR INTERRUPTIONS.

b) Limitation of Liability

SHOULD YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THE LICENCE AND GUIDELINES), YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER, FROM CAPTIC OR ANY AFFILIATES, PARTNERS, SUPPLIERS (AND RESPECTIVE EMPLOYEES, ASSOCIATES, SHAREHOLDERS, OR DIRECTORS) AND VENDORS, ONLY DIRECT DAMAGES UP TO 1 (ONE) EURO COLLECTIVELY AND YOU NOT RECOVER ANY OTHER DAMAGES OR LOSSES IN THE WIDEST SENSE,

c) Indemnity

You will defend and indemnify Captic from claims brought by a third party, including damages, liabilities, costs and expenses, and legal fees in connection with your breach of the obligations laid out in this agreement or infringement of Captic’s.

Miscellaneous ProvisionsThe License and Guidelines will be governed by and construed in accordance with the laws of Vienna, Austria. If fa court of competent jurisdiction finds a provision of this Licence and Guidelines to be unenforceable, the remainder of the License and Guidelines will continue to have effect.