Metaroom® Scan App: Terms of Use
These Terms of Use govern the use of the Metaroom by Amrax ® App*. By installing the Metaroom by Amrax ® App (“hereinafter referred to as Metaroom”) you (“hereinafter referred to as User“) agree to these Terms of Use and the associated Privacy Policy. Please read the Terms of Use and the Privacy Policy (together the “Agreement”) carefully.
The Agreement governs the User‘s use of Metaroom. The contractual relationship regarding the use of Metaroom by the User is exclusively between the User and Synthetic Dimensions GmbH, having its office registered to Wissenspark Urstein, Urstein Süd 19/1/5, 5412 Puch bei Hallein.
* Metaroom by Amrax® App: Metaroom App provides room scanning, virtual room exploration, data sharing and collaboration features. The Metaroom App is continuously being developed. We recommend that the User installs the newly released version of Metaroom as soon as it is available in the App Store.
Applicability of the Agreement: These Terms of Use apply to the use of Metaroom, which enables the User to use the functions of the Metaroom via iOS Mobile devices.
Authorised use by the User / rights to Metaroom: The User has the non-exclusive, non-transferable, limited or unlimited right to use Metaroom in accordance with the terms and conditions of these Terms of Use. The intellectual property rights and all other industrial property rights, in particular all copyrights and trademark rights, to Metaroom are the exclusive property of Synthetic Dimensions GmbH. The User does not receive any rights to Metaroom beyond his right of use. The User may not translate, reproduce, modify, edit or use parts of the Metaroom software purchased from the App Store for purposes other than the intended use, or assemble it in any other way, or imitate Metaroom.
The User acknowledges and agrees that Synthetic Dimensions GmbH collects, evaluates and stores data concerning the use of the software by the User in anonymous form, with the specific aim of improving Metaroom according to User behaviour and to design the marketing according to User preferences.
The User is aware and agrees that Synthetic Dimensions GmbH may engage third parties as service providers, in particular Apple Cloud Services, for the distribution, administration of the User account (Apple ID) and for the processing and storage of the data originating from the User or generated by the User, including personal data, and that the data originating from the User or generated by the User will be processed and stored in the information systems operated by these providers worldwide. Synthetic Dimensions GmbH has entered into appropriate contractual agreements with the service providers it consults in order to guarantee data protection regarding the User’s personal data.
The User is solely responsible for compliance with data protection for the persons on whose behalf the User uses Metaroom, in particular regarding the Privacy Policy and for obtaining data protection consent.
Data Backup: The User must back up his data in a suitable form before each use of Metaroom. If the User loses data while using Metaroom, Synthetic Dimensions GmbH is only liable for the recovery of the data if Synthetic Dimensions GmbH are deemed to be grossly culpable for the loss of data and if the recovery of the data is possible with reasonable effort.
Exclusion of warranty: The User is aware that, according to the state of technology, errors in software programs and in the associated documentation cannot be excluded and that it is not possible to develop data processing programs in such a way that they are error-free for all application conditions and all requirements of the User or that they work without errors with all programs and third-party hardware. Metaroom is made available to the User “as is” and any warranty of Synthetic Dimensions GmbH regarding Metaroom is excluded to the extent permitted by law. The User acknowledges in particular that when installing new versions of Metaroom, changes may occur with regard to the colour reproduction and/or the position of the objects shown by Metaroom. The User further acknowledges that the use of Metaroom and the transmission of data may be subject to disturbances (poor reception, a malfunctioning internet connection or device, etc.) and that Synthetic Dimensions GmbH is not responsible for these factors. The User bears sole responsibility for the use of Metaroom and for the use of the results produced by Metaroom.
Exclusion of liability: When processing personal data, Synthetic Dimensions GmbH takes appropriate measures to protect such data from loss, misuse, unauthorized access, disclosure, alteration, or destruction. Despite all precautions taken when processing personal data, Synthetic Dimensions GmbH cannot exclude the loss, misuse, or alteration of this data. The Internet is an open network that is accessible to everyone and is therefore generally not considered a secure environment. Synthetic Dimensions GmbH does not accept any responsibility for the security of data during its transmission via the Internet.
The liability of Synthetic Dimensions GmbH for any kind of damage is limited to intent and gross negligence. To the extent permitted by law, Synthetic Dimensions GmbH is not liable for consequential damages or for damages that are unforeseeable or within the User’s area of responsibility. The above liability provision applies to contractual as well as non-contractual claims. Any liability under product liability legislation remains unaffected.
Duration of contract: The contractual relationship between Synthetic Dimensions GmbH and the User is for an undefined period of time. The User may terminate it at any time by discontinuing the use of Metaroom and deleting Metaroom from all his/her devices.
Synthetic Dimension reserves the right to stop offering and/or supporting Metaroom or a particular part of Metaroom at any time, at which point the User’s right to use Metaroom or a part thereof will be automatically terminated. In such an event, Synthetic Dimension GmbH shall not be required to provide refunds, benefits, or other compensation to the User in connection with such discontinued service.
Applicable law and place of jurisdiction: The contractual relationship between the User and Synthetic Dimension GmbH is subject to substantive Austrian law. The exclusive place of jurisdiction is Salzburg, Austria.
