MessengAR End User Licence Agreement

Version 1, 7th October 2019

PLEASE READ CAREFULLY BEFORE USING THE APP.

This end-user licence agreement (EULA) is a legal agreement between you (End-user) and me AtlanticOcean-Michael Hoberg, Korbangel 46, 68305 Mannheim, www.AtlanticOcean.de, Germany for MessengAR iOS App. 

The use of the App is offered to you on the basis of this EULA and subject to any rules or policies applied by Apple App Store (Appstore Rules). I do not sell the App to you and I remain the owner of the App at all times. 

The Appstore has no responsibility for the App or its content. To the extent that there is a conflict between those rules or policies and the terms of this EULA and/or Privacy Policy, the terms of this EULA and Privacy Policy shall apply.

Operating system requirements: MessengAR requires Apple iOS 13.0 or higher. 

Important Notice: By clicking on the “Accept” Button below you agree to the terms of this EULA which will bind you. The terms of the EULA include, in particular, the privacy policy, which most current version you can always download at http://atlanticocean.de/DataPrivacy.html and the Limitations of Liability (§ 11 of this EULA). If you do not agree to the terms of this EULA, I do not license MessengAR to you and you must stop the enrolment now by clicking on the “Cancel” button below.

You should copy and save this EULA for future reference.

Agreed Terms

1. Acknowledgements

The terms of this EULA apply to the App including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.

I may change these terms at any time and replace it by a new version of the EULA. The new terms may be displayed on-screen and you may be required to read and accept them to continue using MessengAR.

From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the services until you have downloaded or streamed the latest version of the App and accepted any new terms. 

The terms of the privacy policy are incorporated into this EULA by reference http://atlanticocean.de/DataPrivacy.html (Privacy Policy) and apply to the Services. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or data you send using the App may be read or intercepted by others, even if there is a special notice that a transmission is encrypted.

MessengAR requires the use of location data sent from the devices. If you use the Services, you consent to me transmission, collection, retention, maintenance, processing and use of your location data and queries to improve the MessengAR location-based service. 

MessengAR may contain links to other independent third-party websites (Third-party Sites). Third-party sites are not under my control, and I am not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party sites, including the purchase and use of any products or services accessible through them.

Whilst we take reasonable care to screen End-users and the information they add to their account, we do not guarantee any End-user’s legitimacy, nor the accuracy of any information End-users may add to MessengAR. 

Use of the App is at your sole risk, including any interaction you may have with other End-users.

You are solely responsible and assume all liability in connection with the accuracy of any information that you add to the App.

I reserve the right, but are under no obligation, to monitor information that is added to the App and to remove such information or material that in my sole opinion is inappropriate or contains objectionable content.

You may only register and create one account for your personal or business use. You may not authorise others to use your account and you may not assign or transfer your account to any other person or entity. 

You are responsible for keeping your registration details confidential, including your password. You acknowledge that I am not responsible for any unauthorised third-party access to your account and the consequences thereof, howsoever caused.

The App is intended to be used worldwide but I reserve the right to limit the territory in which you may use the MessengAR.

2. Grant and scope of licence

In consideration of you agreeing to abide by the terms of this EULA, I grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. I reserve all other rights. 

You may download or stream a copy of the App onto iOS devices to view, use and display the App on the Devices for your personal purposes only.

3. Licence restrictions

Except as expressly set out in this EULA or as permitted by any local law, you agree:

 • Not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security.

 • Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App. 

 • Not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs. 

 • Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities: 

 • Is used only for the purpose of achieving inter-operability of the App with another software program. 

 • Is not unnecessarily disclosed or communicated without my prior written consent to any third party. 

 • Is not used to create any software that is substantially similar to the App

 • To keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App 

 • To include my copyright notice on all entire and partial copies you make of the App on any medium 

 • Not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from my side. 

 • To comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology).

4. Acceptable use restrictions

You must: 

 • Not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, including but not limited to:

 • Hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service orany operating system.

 • Damaging or interfering with the operation of the Services by introducing viruses, time-bombs, trojan horses, cancellers, worms or other harmful or disruptive codes, components or devices. 

 • Spamming, spimming, phishing, trolling or any similar activities. 

 • Using any software, devices, scripts, robots or other means to access, scrape, crawl or spider any web pages or cloud parts of the Services.

 • Not infringe my intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by this EULA) 

 • Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service, including but not limited to:

 • Distributing unsolicited material or advertisements 

 • Promoting racism, bigotry, hatred or physical harm of any kind 

 • Promoting or enabling illegal or unlawful activities 

 • Threatening or promoting terrorism or violent extremism

 • Threatening violence against an individual or a group of people. The glorification of violence is also prohibited.

 • Threatening or promoting sexual exploitation for child

 • Engaging in the targeted harassment of someone or incite other people to do so. This includes wishing or hoping that someone experiences physical harm

 • Promoting violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease

 • Promoting or encouraging suicide or self-harm

 • Posting media that is excessively gory or share violent or adult content within profile or message images. Media depicting sexual violence and/or assault is also not permitted.

 • Using MessengAR for any unlawful purpose or in furtherance of illegal activities. This includes selling, buying, or facilitating transactions in illegal goods or services, as well as certain types of regulated goods or services.

 • Not use MessengAR and its services in a way that could damage, disable, overburden, impair or compromise my systems or security or interfere with other End-users 

 • Not collect or harvest any information or data from any Service of MessengAR and its cloud services or attempt to decipher any transmissions to or from the servers running any Service

 • You may not publish or post other people's private information including but nit limited to:

 • home phone number and address without their express authorization and permission

Threatening to expose private information or incentivizing others to do so is also prohibited.

 • You may not post or share intimate photos or videos of someone that were produced or distributed without their consent

 • You may not use MessengAR for platform manipulation and/or for the distribution of spam

 • You may not impersonate individuals, groups, or organizations in a manner that is intended to or does mislead, confuse, or deceive others

 • You may not violate others’ intellectual property rights, including copyright and trademark

 • You may not use MessengAR in dangerous situations, including but not limited to traffic or dangerous environments

Flagged messages are reviewed by functions (including but not limited to ML) and in unclear repots by person within 24 hours to determine whether they violate the EULA. Accounts are penalised for EULA violations, and serious or repeated violations can lead to account termination.

5. Account and registration

In order to post or read messages you must register and create an account with in my cloud service. This is done directly with the App. 

It is possible to register, using login information with other third-party services including, but not limited to Twitter. If you use Twitter or other third-party social networking sites you warrant that you are entitled to disclose to me your third-party login information without breach of the terms and conditions of the thirds party site. By granting access to your third-party account you acknowledge that MessengAR will access certain information and may store and use this information. 

When you create an account with MessengAR I ask you to provide information about yourself. You warrant that the information you provide is true, that it relates to you and is entirely accurate. I may, at my sole discretion, take steps to validate any identification or other information you provide. I may use third party agencies to undertake this validation, and in accepting the terms of this EULA you accept I may take such steps to confirm your identity and other details you provide. I may reject the creation of an Account at my absolute discretion. 

6. Warranty

I make no warranty whatsoever in connection with your use of the App or its service.

7. Cancellation of your account

You may cancel your account at any time by sending a notice at messengAR@atlanticOcean.de. 

8. Reporting objectionable content

If you face any postings in MessengAR which contain any kind of objectionable content, you should immediately make a report by using the app feature for reporting objectionable content. To report such, select the type of objectionable content, and provide additional Information (at least 200 character) in English language. Your report may cause me to investigate such behaviour, but I am not obligated to act beyond that which is required by law, and I will not incur any additional liability or expense.

9. Data protection

The most current version of my data privacy rules is always available at http://atlanticocean.de/DataPrivacy.html (Privacy Policy). 

10. Confidential Information

I respect the confidentiality of the information you give, and I never pass on any information or media about you to third party organisations unless I am compelled to do so by law.

11. Limitations of liability

You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. I am not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if itis an obvious consequence of my breach or if they were contemplated by you and us at the time, I granted you the EULA. Nothing in this EULA shall limit or exclude our liability for death or personal injury resulting from my negligence, fraud or fraudulent misrepresentation and any other liability that cannot be excluded or limited by German law.

12. Intellectual Property Rights

You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to me. That rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA. You acknowledge that you have no right to have access to the App in source-code form.

13. Communication between us

If you wish to contact me in writing, or if any condition in this EULA requires you to give me notice in writing, you can send this by e-mail at MessengAR@atlantic Ocean.de or by prepaid post to AtlanticOcean, Michael Hoberg, Korbangel 46, 68305 Mannheim, Germany. I will confirm receipt of this by contacting you in writing, normally by e-mail. If I must contact you or give you notice in writing, I will do so by e-mail or by pre-paid post to the address you provide me.

You and I both agree the communication language is english.

14. Events outside my control

I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under this EULA that is caused by any act or event beyond my reasonable control, including failure of public or private telecommunications networks.

15. Other important terms

I may transfer my rights and obligations under this EULA to another organisation, but this will not affect your rights or my obligations under this EULA. 

You may only transfer your rights or obligations under this EULA to another person if we agree in writing. If I fail to insist that you perform any of your obligations under this EULA, or if I do not enforce my rights against you, or if I delay in doing so, that will not mean that I have waived my rights against you and will not mean that you do not have to comply with those obligations. If I do waive a default by you, I will only do so in writing, and that will not mean that I will automatically waive any later default by you. 

Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 

Please note that this EULA, its subject matter and its formation, are governed by German law. You and I both agree that the courts of Germany will have non-exclusive jurisdiction.