These terms and conditions apply to
in a legally binding manner. Defined terms are listed in the relevant section of this document.
Users are invited to read this document carefully.
Although the contractual relationship associated with the products is concluded exclusively between user and provider, the user acknowledges and accepts, in cases in which Vuframe® was purchased via the Apple App Store, that Apple can enforce these terms and conditions as a third-party beneficiary.
Vuframe® is offered by:
Vu3D Software GmbH
Hoppestrasse 5
93049 Regensburg
germany
Provider email address: [email protected]
vuframe.com website (and sub-pages), Vuframe® app (Android, iOS & www.vuframe.app)
Unless otherwise stated, when accessing Vuframe®, the terms set out in this section apply.
Individual or additional terms of use or access may apply in certain circumstances and are expressly stated in this document in such cases.
By using the service, users confirm that they meet the following conditions:
In order to use the service, users can log in or create a user account by providing all necessary data or information completely and truthfully.
The service can also be used without logging in or creating a user account. However, this may result in limited availability of certain features.
The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible with Vuframe®.
By signing up, users agree to be responsible for all actions that take place in connection with their username and password.
Users are required to immediately and unequivocally inform the provider using the contact details provided in this document if they believe that their personal information, including user accounts, login details or personal data, has been violated, unlawfully disclosed or stolen.
The creation of a user account is subject to the following conditions. By registering, the user agrees to comply with these conditions.
User accounts can be deleted at any time as follows:
The provider reserves the right, at its own discretion, to block or delete user accounts that it considers to be inappropriate or insulting or which, in its opinion, violate these terms and conditions at any time and without notice.
As a result of the blocking or deletion of user accounts, the user does not incur any claims for compensation, indemnification or reimbursement.
Blocking or deleting accounts for reasons for which the user is responsible does not exempt the user from the obligation to pay agreed fees or prices.
Unless otherwise stated or clearly discernible, all content available through Vuframe® is the property of the provider and is provided by the provider or its licensors.
The provider makes every effort to rule out that the content provided via Vuframe® violates applicable legislation or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are asked to send their complaint preferably to the contact details provided in this document. The right to enforce any claims (other than) in court remains unaffected by this.
All rights to the content are reserved by the provider.
Users may only use the content to the extent necessary or — even implicitly — intended for the proper use of the service.
In particular, users are not permitted to reproduce, download, distribute, edit, translate, change, redesign, publish, transfer to or to third parties, sell or license the content beyond the limits defined below, and to enable third parties — even without the user's knowledge — to perform these actions via their own device.
Insofar as this is expressly stated via Vuframe®, the user may download, reproduce and/or distribute selected content available via Vuframe® for exclusively personal and non-commercial purposes, provided that the copyright notices and any other notices required by the provider are correctly affixed.
Statutory restrictions or exceptions remain unaffected.
Users have the option to upload their own content to Vuframe®, share or provide it via Vuframe®.
By uploading, sharing or providing their content as described, users represent that they are entitled to do so and do not violate any legal regulations or rights of third parties.
By uploading their own content to Vuframe®, users grant the provider a non-exclusive and free right to use and process the content in order to operate and maintain Vuframe® as contractually agreed.
To the extent permitted by law, users refrain from exercising any copyright rights in connection with the content submitted to Vuframe®.
Users acknowledge, accept and confirm that all content they provide via Vuframe® is made available under the same general conditions that apply to other content provided via Vuframe®.
Users are responsible for content that they upload to Vuframe® or publish, share, or provide via Vuframe®. Users acknowledge and accept that the provider does not filter or moderate such content.
The provider therefore reserves the right to remove, delete or block such content at its own discretion and to deny the uploading user access to Vuframe® without prior notice:
As a result of the removal, deletion or blocking of content, the user responsible for the affected content does not incur any claims for damage or reimbursement.
Users agree to indemnify the provider from any claims and/or damages arising from or in connection with content that they provide via Vuframe®.
Users may be able to access external resources provided by third parties via Vuframe®. Users acknowledge and accept that the provider has no control over such resources and is therefore not responsible for their content and availability.
The conditions under which such resources provided by third parties are available and under which rights of use of such content may be granted arise from the contractual provisions of each third party or, in the alternative, from the applicable legal regulations.
Vuframe® and the service may only be used for their intended purpose and in accordance with these terms and conditions and in accordance with the applicable legal regulations.
Users are responsible for ensuring that their access to Vuframe® and/or their use of the service does not violate any legal regulations, regulations or rights of third parties.
The provider therefore reserves the right to take all appropriate measures to protect its legitimate interests, such as denying users access to Vuframe® or the service, to cancel contracts, to report objectionable actions taking place via Vuframe® or the service to the competent authorities - such as judicial or administrative authorities - provided that users can be proven or presumed:
Warranty rights, conditions, guarantees, rights and remedies available to users under the Competition and Consumer Act 2010 (Cth) remain completely unaffected by the provisions of these terms and conditions. The same applies to any similar, mandatory state or territory laws that grant users indispensable rights. To the extent permitted by law, our liability to users — including liability for infringement of an indispensable right and any other liability not excluded under these terms and conditions — is limited, at the provider's reasonable discretion, to subsequent performance or reimbursement of costs arising from the renewed provision of the services.
Vuframe® is provided and made available exclusively as is and as available. Your use of the service is at your own risk. Provider expressly excludes all conditions, representations and warranties — whether express, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights to the extent permitted by law. Any advice or information, whether oral or written, that the user receives from the provider or through the service does not create any guarantees unless expressly stated.
Notwithstanding the foregoing, the provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees make no warranty that the content is reliable, accurate, and accurate; that the service will meet users' expectations; that the service will be uninterrupted or reliable at a particular time or location; that any defects or errors will be corrected; or that the service will be free of viruses or others is harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk. Users alone are responsible for damage to the user's computer system or mobile device or for data loss resulting from such a download or use of the service by the user.
The provider does not guarantee or assume responsibility for products or services advertised or offered by third parties through the service or via a hyperlinked website or service, nor does it endorse such products or services. Transactions between users and third-party providers of products or services are neither mediated nor monitored by the provider.
The service could become inaccessible or no longer function correctly with the user's web browser, mobile device and/or operating system. The provider cannot be held liable for any perceived or actual damage arising from the content, operation, or use of this service.
Federal law, some states, and other jurisdictions do not allow the exclusion and limitation of certain warranties. The exclusions above may not apply to users. This agreement gives users specific rights, while they may have further rights depending on the legal system. The exclusions and limitations of liability under the Agreement, to the extent prohibited by applicable law, are ineffective.
This limitation of liability applies to the fullest extent permitted by the relevant legal system, regardless of whether the alleged liability is based on a contract, tort, negligence, liability without fault, or any other basis, even if the user has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or sequential damages, so the above limitations or exclusions may not apply to the user. These terms and conditions give the user certain rights, while he could be entitled to further rights depending on the legal system. The exclusions and limitations of liability under the Terms and Conditions are ineffective to the extent prohibited by applicable law.
The user agrees to indemnify the provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against all claims or demands, damages, obligations, losses, liabilities, costs or liabilities and expenses, including, but not limited to, legal costs and expenses, arising from
Failure by the provider to assert a right under these terms and conditions or to enforce a provision of these terms and conditions does not constitute a waiver of such right or provision. No waiver is considered a further or continuing waiver.
In order to ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changes. He will provide users with appropriate information.
Within the framework of legal regulations, the provider may also completely suspend or terminate the service. If the service is discontinued, the provider will give users the opportunity to secure personal data or information in accordance with applicable law and will take into account any claims made by users for continued use and/or compensation under the applicable law.
In addition, the service may not be available for reasons beyond the provider's control (so-called “force majeure” reasons) (e.g. infrastructure failures or power outages, etc.).
Users may not reproduce, duplicate, copy, sell, resell, or exploit Vuframe® and the Service in any way without express prior written permission from the provider, which is granted either directly or through a legitimate reseller program.
To learn more about the use of their personal data, users can review the service's privacy policy (Vuframe®).
Notwithstanding more specific provisions of these Terms and Conditions, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights in connection with the service (Vuframe®) are the exclusive property of the provider or its licensors and are protected by applicable laws or international treaties relating to intellectual property.
All trademarks, names, or figurative marks — and all other trademarks, trade names, service marks, word marks, illustrations, images, or logos — that appear in connection with the service (Vuframe®) are and remain the exclusive property of the provider or its licensors and are subject to the protection of applicable laws or international treaties relating to intellectual property.
The provider reserves the right to change or otherwise modify these terms and conditions at any time. In this case, the provider will adequately inform the user of these changes.
Such changes only apply to the contractual relationship from the point in time notified to the user.
By continuing to use the service, the user accepts the amended terms and conditions. If users do not want to be bound by the changes, they must stop using the service and can cancel the contract.
If the revised terms are not accepted, either party may cancel the contract. The previous version of the terms and conditions in force at the time applies to the relationship before the changes are accepted by the user. The user can obtain any previous version of the terms and conditions from the provider.
If required by law, the provider will inform users in advance of the effective date of the amended conditions.
The provider reserves the right to transfer, assign, replace or transfer all rights and obligations under these terms and conditions, taking into account the legitimate interests of the user.
The provisions relating to amendments to the terms and conditions apply accordingly.
Users may not assign or transfer their rights or obligations under the terms and conditions in any way without the written permission of the provider.
All communications related to the use of the service (Vuframe®) must be sent to the contact details provided in this document.
Should any provision of these terms and conditions be or become invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which remain in full force and effect.
If any provision of these Terms and Conditions is or is considered invalid, or invalid or held invalid, the parties will do their best to amicably reach an agreement on valid and enforceable provisions and thus replace the ineffective, invalid or unenforceable parts.
Otherwise, the ineffective, invalid or unenforceable provisions will be replaced by the applicable statutory provisions, insofar as this is permitted or provided for under the applicable law.
Notwithstanding the foregoing, the nullity, invalidity, or unenforceability of individual provisions of these Terms and Conditions shall not result in the invalidity of the entire agreement, unless they are essential provisions of the contract or provisions of such importance that the parties would not have concluded the contract if they had known that the provision was invalid. If the remaining conditions would result in unreasonable hardship for one of the parties, the invalidity of the individual provision will result in the invalidity of the entire agreement.
Any such invalid or unenforceable provision will be interpreted and amended to the extent that it becomes effective, enforceable and consistent with the original purpose. These terms and conditions represent the entire agreement between users and the provider on the subject matter of the contract and take precedence over any further communication between the parties regarding the same subject matter of the contract, including any previous agreements.
These terms and conditions are enforced to the extent permitted by law.
These terms and conditions are governed by the law of the place where the provider is based, with the exception of conflict of law provisions. Users can find the location in the relevant section of this document.
However, if the law of the country in which the user is located provides for a higher consumer protection standard, that higher standard applies.
The courts of the place where the provider is based — as stated in this document — are exclusively competent for all disputes arising from or in connection with these terms and conditions.
This does not apply to users who act as European consumers nor to users in the UK, Switzerland, Norway or Iceland who act as consumers.
The application that enables the service to be provided.
Any legally binding or contractual relationship between provider and user regulated by these terms and conditions.
Any user who is not acting as a consumer.
Applies to users who reside in the EU, regardless of their nationality.
Is the natural or legal person (s) who makes Vuframe® and/or the service available to users.
The service provided by Vuframe®, as described in these terms and conditions and on the service (Vuframe®).
All terms applicable to the use of the service as described in this document and/or Vuframe®, including any related documents or agreements, as amended from time to time.
Is any natural or legal person who uses Vuframe®.
Consumers are users who are considered as such under applicable law.
Last updated: January 15, 2024