Effective date: 15 October 2023
Before using our Platform, carefully review these Terms and Conditions (the "Terms"). By engaging with our Services, you enter into a binding legal agreement with augg.io s.r.o. ("augg.io", "we", "us" or “our”). For information about our personal data practices, please see our Privacy Policy.
Updates to the Terms. We may revise these Terms at any time, providing notice if revisions materially impact your use of the Services (e.g., changes to fees or licence terms). We reserve the right to determine which revisions are material. In such cases, a 30-day notice will be provided via the Platform and/or your registered email. Should you disagree with the new Terms, you may terminate your use of the Services by delivering a termination notice before the changes take effect. Continuous use after the effective date of such changes implies acceptance of the modified Terms.
Definitions
1.1. augg.io with its registered seat at Světova 523/1, 180 00 Prague 8, Czechia, ID No. (IČO): 173 94 155, registered in the Commercial Register maintained by the Municipal Court in Prague, File No.: C 371077.
1.2. Order Form. You can order the Services via the Order Form available on the Platform.
1.3. Third Party Services. Our Platform utilises services from third parties including Unity Software Inc., Google LLC, Fauna Inc., and MongoDB Inc. Please review and comply with each provider's terms and conditions.
1.4. You. The Primary Account Holder, who establishes an account on our Platform. As the Primary Account Holder, you possess the authority to add secondary users to your account, bearing full responsibility and liability for all actions and data management undertaken by them within the Platform. All communications, including notifications and billing, will be directed to you, and it is your obligation to manage user compliance with our Terms, safeguard account information, and ensure all users adhere to platform policies and applicable laws.
1.5. Services. Any services provided to you by us, mainly through our website https://www.augg.io (Unity editor templates and anchor integration and CMS for virtual anchor management) and/or our apps, e.g. LiDAR Scanning App (collectively the “Platform”). We expressly reserve the right to modify the Services within the meaning of Section 2389q of the Civil Code (i.e. changes to digital content), in particular for the following reasons: adding/improving features, removing content, compliance with contractual obligations/legal requirements, technological development.
Eligibility and Registration
2.1. B2B. To use our Services or Platform, you must be an entrepreneur as defined by Section 420 of Czech Act No. 89/2012 Coll., the Civil Code, which refers to individuals independently conducting profitable activities on their own account and responsibility, with the intention of doing so consistently for profit. By using our Services, you affirm this standing.
2.2. Many parts of our Platform may require registration. By registering, you agree to provide accurate, up-to-date information and to promptly update this information if it changes.
2.3. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. Inform us immediately if you suspect any unauthorised access or use of your account.
Usage Restrictions
3.1. You must not misuse our Services or Platform. For example, you must not:
3.1.1. Share or resell our Services without our explicit written permission;
3.1.2. Use the Services for any illegal or unauthorised purpose;
3.1.3. Attempt to gain unauthorised access to our systems or data;
3.1.4. Upload or share content that is harmful, offensive, or violates any party's rights;
3.1.5. Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform or Services (except to the extent this restriction is expressly prohibited by applicable law); and
3.1.6. Use any manual or automated software, devices or other processes (including spiders or other data mining tools) to “scrape” or download data from the Platform or from the Services.
3.2. We reserve the right to, at any time and at no prior notice, limit, suspend, or terminate your access to our Services if you violate these Terms or if we believe that your actions could objectively harm us or others.
3.3. Indemnification. You agree to indemnify augg.io, protecting us from any losses, costs, liabilities, and expenses, including legal fees, that arise from your misuse or violation of the Platform or Services as stipulated in this section.
Availability of the Platform and Services
4.1. Additional Account Requirements. For seamless operation, our Platform and Services could require you to have certain external accounts (such as a Google Service Account and a Unity Pro Account) to fully use our Services/Platform. The specific requirements will be detailed on the Platform, and by submitting the Order Form, you affirm that you possess these necessary accounts and services. Without them, the Services and Platform may not operate at full capacity or as intended, for which we hold no liability should these prerequisites be disregarded.
4.2. Service Availability. We endeavour to maintain a high level of availability for the Platform and Services. There may be instances where our Services will be interrupted for essential maintenance and updates. Efforts will be made to schedule such maintenance during off-peak hours between 10:00 pm and 6:00 am CET, with the aim to minimise disruptions.
4.3. External Limitations. Note that despite our commitment, service availability may be compromised or degraded due to factors outside our control, including but not limited to, third-party actions not sanctioned by us (e.g., Third Party Services outage, cyber-attacks, technological failures, disruptions at data centres), internet connectivity issues, and force majeure events.
4.4. Your Infrastructure Impact. Your use of hardware, software, and technical infrastructure, or that of any secondary users, may influence the performance of the Services and the Platform. We disclaim responsibility for any impacts or ensuing issues emanating from such use.
4.5. Please report any functional disruptions, outages, limitations, or deteriorations of the Services or the Platform to email: [e-mail]
Fees and Payments
5.1. Some of our Services may be subject to fees. You can find our current fees on our Platform. All fees are non-refundable (unless otherwise mandated by applicable law).
5.2. If you choose to purchase a paid Service, you agree to pay the fees as quoted. Late payments may result in a suspension of your access to the Services. The remuneration amount stated in any Order Form, invoice, or other fee-related documentation from us is final and includes Value Added Tax (VAT), where applicable.
5.3. We will send invoices electronically to the email provided by you during registration. Ensure the email is accurate and please notify us of any changes to avoid billing issues.
Intellectual Property (IP) Ownership and Licensing
6.1. augg.io's Proprietary Rights. All rights, title, and interest in and to the Platform, excluding the User Content, are and will remain the exclusive property of augg.io and its licensors. The Platform and its features are protected by copyright, trademark, and other laws of both the Czech Republic and foreign countries. Nothing in the Terms gives the user a right to use the augg.io name, our trademarks, logos, domain names, and other distinctive brand features without our explicit written permission.
6.2. Use of the Platform and our Services. Subject to the Terms, we grant you a personal, purpose-restricted, non-exclusive, non-transferable, non-sublicensable, revocable and time-limited right to access the Platform and Services for your personal or internal business purposes.
6.3. User-Created Content. Users retain all intellectual property rights to the content they create, upload, or share on the Platform, unless otherwise specified on the Platform (the "User Content"). Additionally, the terms of Third Party Services providers may impose certain limitations on the use of your User Content. You grant us, and the providers of any Third Party Services used in connection with the Services, a non-exclusive, worldwide, royalty-free, sublicensable, transferable licence to use, reproduce, distribute, display, and perform the User Content in connection with the operation, promotion (e.g. marketing materials, presentations, and advertisements) and improvement of the Platform and Services. This licence persists for the duration of the proprietary rights associated with the User Content.
6.4. Our Use of the User Content. Except as prohibited by applicable law and in compliance with our Privacy Policy, we may disclose any information in our possession (including the User Content) in connection with your use of the Services, to (a) comply with any applicable law, regulation and/or order of a competent authority, (b) enforce these Terms, (c) respond to your requests for customer service, (d) protect the rights, property or personal safety of augg.io, our team, customers and business partners or (e) for any other legitimate purpose determined by us.
6.5. Third-Party Services. The Platform may enable users to connect to third-party services. You acknowledge and agree that augg.io is not responsible for the content, accuracy, legality, or any other aspect of such third-party services. The inclusion or connection to third-party services does not imply an endorsement by augg.io. Users must consult the respective terms of use and privacy policies of these third-party services before accessing or using them.
6.6. Feedback. Any feedback, comments, or suggestions users may provide regarding augg.io or the Platform is entirely voluntary, and augg.io will be free to use such feedback, comments, or suggestions without any obligation to the user.
Liability and Disclaimer
7.1. Services Provision. Our Services are provided "as is", without any warranties, other than set herein, either express or implied, to the fullest extent allowed by applicable law.
7.2 Liability Cap. augg.io is not liable for any indirect, incidental, special, punitive, or consequential damages, or losses of profits, revenue, or data arising from your use of the Services. Our total liability, under any circumstance and regardless of the claim basis, shall not exceed the total amount you paid us in the six months preceding the event causing the claim.
7.3 Liability Exceptions. The limitations in this section do not apply to damages caused by our fraud, gross negligence, or wilful misconduct, or where such limitations are prohibited by applicable law.
Term and Termination
8.1. Term. The Term of our agreement shall commence on the date as specified in the relevant Order Form, and shall automatically renew for successive terms equal to the initial term, unless you provide us written notice of non-renewal prior to the expiration of the then-current term via email or through the Platform.
8.2. Suspension. We reserve the right to suspend your access to the Platform immediately, if you fail to pay any undisputed amounts due within 5 days of the due date. Should a payment dispute arise, please notify us without delay after receiving the invoice, and we will act in good faith to resolve such dispute.
Governing Law and Jurisdiction
9.1. Czech Law. These Terms, and any disputes arising from or relating to the interpretation hereof, will be governed by and construed under the laws of the Czech Republic, without regard to its conflict of laws principles.
9.2. Czech Jurisdiction. Any disputes arising from or relating to these Terms, the Platform, or our Services will be subject to the exclusive jurisdiction of the competent courts of the Czech Republic. You hereby waive any claim of inconvenient forum.
Miscellaneous
10.1. Electronic Communication. augg.io may reach out to you via electronic means, especially via the Platform or email.
10.2. Assignment. You may not assign, subcontract, delegate, or transfer your rights or obligations under these Terms without augg.io's prior written consent. Any attempt to do so without consent is void. These Terms and any of the rights, duties, and obligations contained herein, are freely assignable by augg.io without any prior notice or consent.
10.3. Invalidity or unenforceability. If any part of any section of these Terms is held invalid or unenforceable, that part will be construed in a manner to reflect, as nearly as possible, its original meaning while remaining valid and enforceable or, if not possible, shall be deemed deleted and the remaining part of the section and/or of these Terms will remain in full force and effect.
