1. General conditions
    1. This Terms of use are entered into by and between you and ARFORTECH Sp. z o.o. ('ARFORTECH', 'Company', 'we' or 'us'). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, 'Terms of Use'), govern your access to and use of application ARmixer (the 'Application'), including any content, functionality, and services offered on or through armixer.com (the 'Website'), whether as a guest or a registered user.
    2. Please read the Terms of Use carefully before you start to use the Application. By using the Application, you accept and agree to be bound and abide by this Terms of Use and our Privacy Policy, found at armixer.com, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Application.
    3. You agree to transact with us electronically. Your affirmative act of registering, using or logging into the Application constitutes your acceptance signature to these Terms. We may provide notices to you electronically (1) via e-mail if you have provided us with a valid email address or (2) by posting the notice on a device application designated by us for this purpose. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Application.
    4. We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Terms of Use at any time by posting notification on our website or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Application.
  2. Certain Defined Terms

    3. As used in the Terms of Use , the following terms shall have the following meanings:

    1. 'The Operator' and the owner of the Application is ARFORTECH Sp. z o.o., having registered office at Jasionka 954E, 36-002 Jasionka, Poland.
    2. 'The Website' is a website at the address: armixer.com, for information purposes (product promotion, introduction, presentation, instructional videos, our pricing policy etc.) and management purposes (registration and creation of an account, a theme blog, storage of content created and made available through the Application).
    3. 'A Mobile Device' is a (portable) electronic device that allows you to processing, receiving and sending data without the need for maintenance wired Internet connection, e.g. smartphone, tablet, mobile phone, laptop.
    4. 'The User' is the Creator and/or the Recipient (Reader) who installed the Application on a mobile device. Using the Application by users who do not have the full capacity to perform legal acts requires the consent of their statutory representatives.
    5. 'The Creator' may be a natural person, a legal person, an organisation, as well as a public body. The Creator shall complement the materials, subjects and objects of everyday use with augmented reality elements.
    6. 'The Recipient (Reader)' may be a natural person, a legal person, an organizational unit or a State Agency. Recipient thanks to the Application will be able to gain an insight into the augmented reality elements added by the Creator to materials, subjects and objects of everyday use.
    7. 'Augmented Reality (AR)' is a system that connects the real world with the computer-generated world. AR is a set of elements in the form of: image, sound, presentation, multimedia, video or audio-video recordings, schematics, tutorials added by the Creator for materials, items and objects in everyday use that aim to enable the material to be truly perceived, imagined and understood objects in the real world.
  3. Installation of the Application
    1. The Application is available for persons using a Mobile Device who meet the following technical requirements indicated below. This Application can be downloaded from AppStore or Google Play.
    2. The Operator shall allow the installation of the Application only from the sources indicated above, in accordance with the terms and conditions set out in these stores. Download and installation of the Application from other sources without the prior written consent of the Operator, is a serious breach of the Terms of Use and causes liability for any damages to the Operator.
    3. Use of the Application is possible for Mobile Devices supporting operating systems Android version 5.1 and later or for iOS version 12 and later. To run and proper performance of all functionalities of the Application it is necessary to activate the following functions of the Mobile Device: Internet access and authorization using the device's camera.
    4. The Operator reserves the right to update the Application. An update of the Application will be launched for the first time the Application is activated after its introduction. In case of update of the operating systems by their providers, the Operator reserves the right not to have the obligation to update the Application.
    5. We are constantly updating our services. However, we may and/or will experience delays in updating information on the Application or the Website. The information found on the Application may and/or will contain errors or inaccuracies and may not be complete or current. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
    6. We may revise and update these Terms of Use from time to time in our sole discretion. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users. All changes are effective immediately when we post them.
    7. Your continued use of the Application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
  4. Registration and logging in
    1. The use of the Application is possible by registered Users and by unregistered Users.
    2. The scope of features for unregistered Users is limited only to read some of the content added by other users and does not include adding your own content or accessing a blog.
    3. The Creator must be a registered User. In order to register, the User creates an individual account (hereinafter referred to as the 'Registration'). The Registration means filling in the form available in the Application or on the Website: armixer.com
    4. During the registration process, the User is requested to provide the following data:
      • 1- e-mail address
      • 2- a password
    5. It is a condition of your use of the Application that all the information you provide on the Application is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Application, is governed by our Privacy Policy, found at armixer.com, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
    6. A message with a request for verification of the data will be sent to the e-mail address indicated by the User during the Registration process. After positive verification the Internet browser will display a confirmation of the completion of the Registration process, after with which the User will be able to log in to the Application and use its functionalities in the following ways a model of your choice.
    7. In the situation of a change in the data provided during the Registration process, the User is obliged to update the data in the Application.
    8. Logging in and registration are also possible via other services cooperating with the Application, including social networking platforms. Such logging in has the same effect as registering and logging in directly to the Application. The use of automated solutions, in particular the logging software, is at the risk of the User using such software.
    9. You are responsible for:
      • 1- maintaining the confidentiality of your username and password,
      • 2- any and all transactions by persons that you give access to or that otherwise use such username or password, and
      • 3- any and all consequences of use or misuse of your username and password.
        You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Service of which you have knowledge.
    10. If the User is a business entity, the User agrees that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by User with the authority to use the Application and legally bind User. User shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by User, that access the Service using User’s user name and password.
    11. The Operator reserves the right to delete the User’s account in case of lack of any activity of the User within 12 months from the date of the Registration.
    12. The registered User cannot have more than one active account. We have the right to disable any additional account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Terms of Use.
  5. The Terms of use of the Application
    1. We expect users of the Application to respect the law as well as the rights and dignity of others. You must not misuse the Application. The Application is protected by U.S. and foreign copyright laws, trade secret and other proprietary laws. You agree not to delete any copyright or other proprietary notice on the Application. You may use the Application only for lawful purposes and in accordance with these Terms. You agree not to the Application in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). You agree not to use the Application in any manner that could disable, overburden, damage, or impair it or interfere with any other party’s use of the Application.
    2. Users are obliged in particular to:
      • 1- use the Application in a way that is compliant with its intended use and does not interfere with its functioning,
      • 2- use the Application in a manner that is not harmful to other Users and the Operator, while respecting the personal rights of third parties (including the right to privacy) and their intellectual property rights, as well as any other rights and generally accepted principles of behaviour,
      • 3- use the App and any information and materials made available through the App only for your own personal use (so-called permitted use) and not for business purposes.
    3. Users are obliged to notify the Operator immediately of any violation (or threat of infringement) of their rights in connection with the use of the Application. All notifications should be submitted to the Operator to the following e-mail address: office@armixer.com.
    4. In the case of reporting a violation, a complaint procedure will be initiated, as referred to in the following point.
  6. Features
    1. The Application enables the Creators to make available chosen materials and objects of everyday use - contents presenting the actual perception of these materials, objects or objects in the real world, and Readers - to get acquainted with these contents, i.e. the elements of the Augmented Reality added by the Creator to the materials and objects of everyday use.
    2. The quantity, type of markers and volume of materials and content added by Users (Creators), as well as the quantity and volume of content displayed by the User (Reader) depends on the version of the application selected by the User.
    3. Additional application features available for registered users are:
      • 1- a moderated theme blog, enabling the sharing of comments and opinions by Users, and
      • 2- making available to Users (Creators) a space in a virtual cloud for storing data (e.g. audio, video, images, etc.).
    4. You may at any time remove or modify any material or content you have added.
    5. The User is entitled to add materials and content which she/ he is the author of or to which she/he has the consent of an authorized person. Content added by Users should relate to topics in connection with which they are posted.
    6. You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Application. We shall use reasonable skill and due care in providing the Application, but we do not guarantee or warrant that any Content you may store or access through the Application will not be subject to inadvertent damage, corruption or loss.
    7. You are not entitled to any claims for the unavailability of your content and materials in the Application.
    8. The Operator does not verify the content posted by Users, and therefore is not responsible for the reliability, completeness or merits of the content.
  7. Fees
    1. You can download the Application via Google Play Store (for Android devices) and AppStore (for iOS devices). You are responsible for all purchases applied to your account.
    2. The basic version of the Application is available to users for free ('Freemium Service'). The Freemium Service has limitations on the number and types of markers and the volume of material.
    3. Upgraded versions of the Application may be subject to a fee. If you want to unlock features or functionality within your App, (by way of example: map or geolocation markers, access to available disk space), you must use In – App Purchase.
    4. When you purchase an upgraded version, both these General Terms of Use and any Service-Specific Terms of Use apply to the service. Please note that when you buy a service or an app from an app store (Apple Store, Google Play), the sales terms and conditions of the app store also apply to the transaction.
    5. The default price is charged to the user on a recurring basis for each subscription that a user has purchased. The upgraded versions of the Application are priced according to the business models below:
      • 'Standard' – $2.99
      • 'Premium' – $9.99
      • 'Business' – $14.99
    6. Application options (subscriptions) and related payments are included in the Appendix No 1.
    7. Elements, options and fees in the upgraded versions are dedicated to the individual and small business. Variants dedicated to the institutions and companies, including publishing houses can be individually settled with the Client.
    8. The Application will also be available in a barter model for Application Ambassadors.
    9. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order.
    10. Except as otherwise specified herein or individually settled with the Client:
      • 1- fees are based on services (business model) and content subscriptions purchased and not actual usage,
      • 2- payment obligations are non - cancelable and fees paid are non - refundable.
    11. We reserve the right at the future to charge fees for access to some specific features or content. But in no event will you be charged for access to any services unless we obtain your prior agreement to pay such fees.
  8. Penalties for Users
    1. Violation of the provisions of this Terms of Use by the User may result in the imposition of a penalty in the form of blocking access to the functionality of the Application, suspension of the User’s rights, immediate termination of the Agreement.
    2. Before applying sanctions, the Operator shall notify the User thereof, informing her/him of the duration of sanctions or other actions taken.
    3. In the case of publication by the User of illegal materials (pornographic, criminal, etc.), these contents will be automatically blocked without the possibility of launching a complaint procedure. Materials that may constitute evidence of a crime will be secured and handed over to the appropriate authorities.
  9. Responsibility of the User and the Operator
    1. Whilst we try to ensure that the standard of the Application remains high and to maintain the continuity of it, the Internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate the Application (or any particular part of it) or to provide services offered on the Application.
    2. We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the Application and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to the Application and your use of it to the maximum extent permitted by law. You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of the Application. You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of the Application.
    3. You agree to defend, indemnify, and hold harmless the ARFORTECH against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Application, including, but not limited to, your User Contributions, any use of the Application’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Application.
  10. Disclaimer of Warranties
    1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
    2. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
    3. TO THE FULLEST EXTENT PROVIDED BY LAW, THE ARFORTECH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
    4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    5. Some countries and jurisdictions do not allow the limitation or exclusion of consequential, direct, indirect, or other damages in contracts with consumers and to the extent you are a consumer the limitations or exclusions in this Section 10 may not apply to you.
  11. Intellectual property rights
    1. You acknowledge that we are the owner of the intellectual property rights in 'the Content' of our Application (including: texts, software, data and graphics interface) and that our prior written permission is required for any use or removal of the Content. Your use of the Content does not give you any proprietary rights in the Content.
    2. We grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Application. This license is for the sole purpose of letting you use and enjoy the Application’s benefits as intended by ARFORTECH and permitted by this Terms of Use. The rights in material on the Application are protected by international copyright, software and trademark laws and you agree to use the Application in a way which does not infringe these rights.
    3. Therefore, you agree not to: copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks or other intellectual property, content or proprietary information accessible through the Application without ARFORTECH’s prior written consent. You may copy material on the Application for your own private or domestic purposes, but no copying for any commercial or business use is permitted.
    4. By submitting User Content you hereby grant to us and our licensees a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, transferable and royalty-free licence to use, copy, make, reproduce, display, perform, distribute, sub-licence, sell, delete, edit, prepare derivative works from, analyse and otherwise exploit the User Content for the purposes of managing our Application, providing the ARFORTECH’s services and operation of our businesses (including by compiling it together with other User Content and anonymising it to perform statistical analysis for comparison or benchmarking purposes) to the extent permitted by applicable laws.
    5. ARFORTECH reserves the right to use any User Content to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. ARFORTECH reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Application, you agree to ARFORTECH enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity.
  12. Termination of Service
    1. You may stop using ARFORTECH services at any time. In order to cease using the Application, it must be immediately removed from the Mobile Device. Please note that when your user account is closed, all your information may be deleted and cannot be recovered after deletion. Make sure that you have saved all your data elsewhere before your account is closed.
    2. We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Application for any reason, including without limitation inactivity or violation of this Terms of Use or other policies we may establish from time to time.
  13. Claims proceedings
    1. Any complaints related to the malfunctioning of the Application should be reported to the Operator via e-mail to the address: support@armixer.com
    2. The complaint should contain: name and surname, e-mail address, name and model of the Mobile Device on which the problem with the functioning of the Application occurred, as well as the name and version of the operating system installed on it, as well as a brief description of the problematic situation.
    3. Properly reported complaints will be considered no later than within 14 days working days counted from the moment of registering the complaint.
    4. The Operator shall inform the User by e-mail about the examination of the complaint. If the data or information provided in the complaint require completing, the Operator shall, before considering the complaint, request the User to amend them. The time of providing additional explanations by the User extends the period of examining the complaint.
  14. Personal Data

    15. We are committed to protecting your Personal Data.

    Our Privacy Policy (the Appendix No 2) lays out which personal data we collect from you in each of our services, how we use the data, and where we store it. The Privacy Policy also details your rights regarding privacy and outlines who can access your data, where to get help, and how you can change your settings. You need to read the Privacy Policy before signing up for the ARFORTECH services and starting to use our services.

    If you are a resident of the State of California, see also our Privacy Notice for California Residents - the Appendix No 3.

    1. Personal data of the Users of the Application will be processed in order to provide our services and for marketing purposes.
    2. We may ask you for identifying information to provide services to you through our Application. The information collected is not limited to text characters and may include audio, video, and graphic information. The types of personal information we collect from you and the purpose for which we collect that information is described in our Privacy Policy.
  15. Governing Law and Jurisdiction
    1. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Application, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
    2. All matters relating to the Application and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the Polish law.
  16. Final terms
    1. We may change this Terms of Use at any time. Such changes to the Terms of Use are effective upon posting on the Application and your use of the Application after such posting will constitute your acceptance of such changes. If you do not accept these terms, do not use this Application.
    2. If any provision of the Terms of Use is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
    3. To the extent allowed by law, the English language version of the Terms of Use is binding and any translations are for convenience only. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
    4. The Terms of Use are personal to you. You agree not to assign or transfer your rights or obligations under these terms to anyone else without receiving our prior written consent.
    5. The Annexes to this Agreement shall form an integral part thereof.
  17. Contact us

    18. We have done our best to explain things clearly for you in this document but if you have any questions, please let us know.

    For questions about registration or assistance with any log in problems, please contact us at support@armixer.com.

    If you have any other questions, concerns, or complaints, you may contact us at office@armixer.com.


Registered Office
REPUBLIC OF POLAND
ARFORTECH Sp. z o.o.
Jasionka 954E
36-002 Jasionka
Republic of Poland


KRS Number (National Court Register Number): 0000786234
Registered in the Republic of Poland
VAT ID number: 5170399274