Terms and Conditions
Terms and Conditions
(EULA 01.05.2019, End User License Agreement)
Terms of use
1.) Acknowledgment
2.) Use of the App
3.) General acknowledgements
4.) User obligations
5.) Changes to the App
6.) Use of App Content
7.) Communicating with Us
8.) Disclaimer of Warranty
9.) Copyright Notices
10.) Trademarks
11.) App Operation
12.) Governing Law
13.) Interpretation
Terms and Conditions
(“EULA_01.05.2019“, End User License Agreement)
Welcome to the mobile app (“App”). This app has certain Terms that you must follow while using it (“Terms”).
Please read these Terms carefully prior to using the VeriApp Services, that include the following app versions:
a.) Vehicles, Boat, Real estate
b.) Construction supervision (and ‘Reality Glasses’)
All instances of "VeriApp," "we," "our" or "us," refer to Mora-Net GmbH, headquartered ‘Am Nesseufer 34, 26789 Leer, Germany’. Unless explicitly stated otherwise, these Terms apply to all apps maintained by Mora-Net GmbH.
1.) Acknowledgment
VeriApp and you (the "Linked Parties") acknowledge that this agreement to use the App (the "License") between the bound parties is terminated and that neither Apple, Inc. ("Apple") nor Google, Inc (" Google ") or any other provider is subject to these terms and conditions; however, all third party beneficiaries have the right to respect and enforce these terms. The providers are in no way responsible for the app or the content contained therein.
VeriApp is solely responsible for maintaining and providing updates to the app, as well as all end-user support. To the fullest extent permitted by law, neither Apple nor any other vendor has any obligations with respect to any app-related warranties. You also assume no responsibility or liability for any costs or claims arising out of any claim, loss, liability, damage, expense or expense arising out of the loss of the App or the cost of claims for infringement by third parties - intellectual property ,
The tied parties both acknowledge - if a third party claims - that the app or its use violates the intellectual property rights of that third party, that VeriApp, not the provider, sole responsibility for the investigation, the defense against violations, the cleanup and is unlawful and removes all such claims for infringement of intellectual property.
You represent and warrant that you are not in any country or area that is subject to the US Government embargo, nor in any country or area designated by the US Government as a "terrorist supporter" and in no one US Government Database of Prohibited or Restricted Parties.
By installing and using the app, you agree to comply with the terms of use established by Apple iTunes or other vendors, e.g.
http://apple.com/legal/internet-services/terms/site.html
or Google, viewable at
https://play.google.com/intl/en_us/about/play-terms.html
2.) Use of the App
(a) You shall bear sole responsible for providing the mobile device, in addition to any equipment and services necessary to download, install, and use the App. VeriApp does not guarantee that the App will be accessible on any specific device, nor through any specific internet connection or service plan.
VeriApp does not offer any guarantee, nor any warranty that the App will be available from any specific geographic location nor through any specific Vendor (defined below).
VeriApp may send communications including, but not limited to: push notifications, local client notifications, text messages, picture messages, alerts, emails, or any other type of message sent to you through the App. You shall bear sole responsibility for any and all fees that may be charged by your third-party wireless service provider for any data, text messaging, or any other wireless messages generated by the App, in addition to any fees that may be related to downloading or using the App. If you wish to opt out of receiving Push Notifications from the App, you may do so through the settings option within the app or on your mobile device (this may exclude infrequent but important service announcements or administrative messages). Please contact your service provider to obtain more information regarding fees as they pertain to Push Messages.
(b) In addition, the App utilizes the geo-location functionality of your mobile device in order to track your exact location. By using the App, you hereby grant permission for VeriApp to access the GPS functionality of your device in order to locate you. For the reason that the App uses an automated function to access and track your location, VeriApp may determine your exact location any time that the App is open on your mobile device. IT IS RECOMMENDED THEREFORE THAT YOU SHOULD CLOSE THE APP WHEN YOU ARE NOT USING IT. VeriApp does not make any claim nor representation that it will keep any records of your location, and VeriApp shall bear no responsibility nor liability to you, to any other person, or to any other third-party for any loss, damage, or destruction to any location information. VERIAPP SHALL BEAR NO RESPONSIBILITY FOR THE STORING OF ANY LOCATION INFORMATION, FOR THE DISCLOSURE OF ANY LOCATION INFORMATION, FOR THE DELETION OF ANY LOCATION INFORMATION, OR FOR THE FAILURE TO STORE ANY LOCATION INFORMATION.
(c) These terms shall not be interpreted in a manner to create any ventures, partnerships, employment, or agency relationships between VeriApp and any business or third-party that takes part in the App. VeriApp shall not bear any responsibility nor liability for any sales, services, transportation, or delivery services provided by third-parties. If using the App is restricted by your locality of residence due to your age you agree that you shall not use the App. By using the App, you expressly acknowledge and warrant that you are a minimum of 13 years of age.
3.) General acknowledgements
You hereby acknowledge that VeriApp may establish general guidelines, practices, and limitations in regards to your use of the App. You agree that VeriApp shall bear no responsibility nor any liability for any failure of the App or any deletion of other content maintained or transmitted by the App. VeriApp reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the App (or any part thereof) with or without notice. You also agree that VeriApp shall bear no responsibility nor liability to you or to any third-party for any modifications to, suspension of, or discontinuance of the App. Furthermore, you acknowledge that VeriApp reserves the right to change any general practices, guidelines and limitations at any time, at our sole discretion, with or without notice.
4.) User obligations
In consideration of your use of the App, you hereby agree that you are subject to certain obligations. For any personal information that you submit to us through the App, you agree that such information is true, accurate, current, and complete as prompted, and you also agree that you will not use the App for any unlawful purposes or for any purpose that is prohibited by these Terms. Should you provide any information that is untrue, inaccurate, incomplete, or not current, or if VeriApp has reasonable grounds to suspect that any information provided by you is untrue, inaccurate, incomplete, or not current, VeriApp shall have the right to refuse any and all current or future use of the App (or any portion thereof).
Indemnification: You hereby agree to indemnify, defend, and hold VeriApp and its affiliates, in addition to VeriApp’s and its affiliates’ respective directors, officers, employees, agents, and any other partners harmless from and against any and all claims or demands, including reasonable attorneys’ fees, made by any third-party due to or arising from your use of the App, your connection to the App, your violation of these Terms, or your infringement against any intellectual property or any other rights of any other person or entity. VeriApp shall bear no responsibility nor liability for any damages resulting from your use of the App.
5.) Changes to the App
VeriApp reserves the right to revise these Terms at any time by updating this posting. The Terms were last updated on February 25th, 2019. Your continued use of this App following the posting of changes to these Terms will mean you accept those changes and that they apply to you.
6.) Use of App Content
VeriApp maintains this App and its contents for your personal information. You may view and download material displayed on the App for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials. You may not distribute, retransmit, republish, reuse, repost, or use the contents of this App for public or commercial purposes, without VeriApp’s prior written permission. You may not alter or interfere with the content or functioning of the App, or "mirror" any content contained on this App on any other server. The materials at this App are copyrighted and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of these Terms, your right to use this App will terminate automatically.
7.) Communicating with Us
VeriApp welcomes your comments. However, please do not send us any creative ideas, original materials, or suggestions relating to products or marketing plans. Any communication or material you transmit to VeriApp, or post from the App by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary, and may be disseminated or used by VeriApp for any purpose including, but not limited to, developing, manufacturing or marketing products. Anything you transmit or post may be used by VeriApp for any purpose, including but not limited to product solicitations, reproduction, disclosure, transmission, publication, and broadcast. You may not post or transmit to or from the App any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
8.) Disclaimer of Warranty
VeriApp does not warrant or represent that the content on the App is accurate, or that the App’s operation will be error-free or uninterrupted, or that it will be free of viruses or other harmful components. You use the App at your own risk. VeriApp does not represent or warrant that your use of materials displayed on this App will not infringe rights of third parties. Information published at this App may refer to products, programs or services that are not available in your country. Without limiting the foregoing, the App is provided "AS IS" and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow exclusion of implied warranties, so some of the above exclusions may not apply to you.
Limitation Of Liability: Neither VeriApp nor any third party involved in creating or delivering the App will be liable under any theory (including negligence) for any incidental, consequential, indirect, special, or punitive damages arising out of your access to or use of the App, even if we have been advised of the possibility of such damages.
9.) Copyright Notices
The copyright in all content provided on this App is held by VeriApp. Except as provided in these Terms, such content may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of VeriApp . If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this App, please notify us immediately.
10.) Trademarks
The trademarks, service marks and logos ("Trademarks") used and displayed on this App are registered or common law trademarks of VeriApp and others. Nothing on this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the App, without the written permission of the trademark owner. VeriApp aggressively enforces its intellectual property rights to the fullest extent of the law.
11.) App Operation
VeriApp controls and operates this App from its headquarters in Germany and makes no representation that these materials are appropriate for use in other locations. If you use this App from other locations you are responsible for compliance with applicable local laws. You may not use or export or re-export the materials at this App or any copy or adaptation in violation of any applicable laws or regulations without limitation.
12.) Governing Law
These Terms and your use of the App will be governed by the laws of Germany. Any dispute arising out of these Terms or your use of the App will be heard only in located in Germany, and you hereby consent and submit to the personal jurisdiction of such courts.
13.) Interpretation
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms (and the links contained herein) state the entire agreement between the parties relating to use of the App. The Terms may not be amended except as provided above.
01.May 2019
Signed by Prof. Dr. R. Wilde