Last Updated: May 2021
This Agreement (the “Agreement”) is between you and TeamViewer Germany GmbH (“TeamViewer” or “we” or “us”) concerning your use of (including any access to) the Life AR mobile application, including the client application software (“Client App”) that you acquire and download to your device from your third party app store provider and any materials and services available therein, and successor(s) thereto (jointly the “Application”).
This Agreement is the agreement applicable to uses of the Application by residents of A Member State of the European Union, the European Economic Area, or of the United Kingdom. For the agreement applicable to uses of the Application by residents of other territories, please refer to https://www.lifear.app/en/terms/
You must be at least thirteen (13) years old to use the Application. In case you are under the age of eighteen (18), your use of the Application requires the consent of your legal Guardian(s). Certain features of the Application may be restricted and/or default settings may vary for users under the age of eighteen (18).
Use of the Application is meant only for individuals acting as a consumer, i.e., for purposes which are outside the user’s trade, craft, business or profession. Nothing in this Agreement shall be interpreted as permitting commercial use of the Application under this Agreement.
Changes. We may change this Agreement from time to time by notifying you in accordance with the provisions of this paragraph. Any change will be notified to you at least sixty (60) days prior to its effective date and such notification will state the effective date of such change. You have the right to object to any change of this Agreement, in writing or by email, within fifteen (15) days after the date of receipt of the notification of such change (“Objection Period”). In case of a timely objection, the change will not take effect and the agreement between you and us shall continue with the unchanged terms of the existing Agreement. In that case, we shall be entitled to terminate the Agreement between you and us by giving notice to you at least thirty (30) days before the date that the change would have taken effect, such termination to take effect on that date. If you do not object within the Objection Period, the change shall be deemed accepted by you and become part of the Agreement between you and us on the date specified in the notification. In our notification, we will inform you of your right to object, our right to terminate the Agreement in case of such objection, and the legal consequences of non-objection.
Your use of the Application following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Application (including access to the Application via any third-party links); charge fees required to use the Application; or offer opportunities to some or all Application users.
Rules of Conduct. In connection with the Application, you must not:
Post, transmit or otherwise make available through or in connection with the Application any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner or (e) violating applicable laws and regulations.
Post, transmit or otherwise make available through or in connection with the Application any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
Use the Application under this Agreement for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Application.
Interfere with or disrupt the operation of the Application or the servers or networks used to make the Application available, including by hacking or defacing any portion of the Application; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Application, except where you have the right to do so under applicable law (e.g., as a guardian or legal representative, or under their authorization).
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Application except as expressly authorized herein, without TeamViewer’s express prior written consent.
Reverse engineer, decompile or disassemble any portion of the Application, except where such restriction is expressly prohibited by applicable law (such as under sec. 69e of the German Copyright Act, provided that you shall first ask us to provide the necessary information for establishing interoperability, shall set a reasonable deadline for us to do so, and such deadline has passed without us having provided such information).
Remove any copyright, trademark or other proprietary rights notice from the Application.
Frame or mirror any portion of the Application, or otherwise incorporate any portion of the Application into any product or service, without TeamViewer’s express prior written consent.
Systematically download and store Application content (other than your Submissions or Submissions of other users that these users permit you to download).
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Application content or reproduce or circumvent the navigational structure or presentation of the Application, without TeamViewer’s express prior written consent.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Application.
Registration; Credentials. You will need to register to use the Application. We may reject, or require that you change, any user name, profile picture or other information that you provide to us in registering. Any information you provide as part of your registration must be accurate, and you shall keep such information up to date during the term of this Agreement. Your credentials are for your personal use only and must be kept confidential; you are responsible for any use or misuse of your credentials, and you must promptly notify us of any confidentiality breach or unauthorized use of your credentials, or your Application account.
Profiles and Forums. Application visitors may make available certain materials (each, a “Submission”) through or in connection with the Application, including on profile pages or on the Application’s interactive services, such as through video conferencing, live streaming, message boards and other forums, and chatting, commenting and other messaging functionality. TeamViewer has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Application, you do so at your own risk.
License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, analyze and otherwise use such Submission, to the extend required or helpful for the operation, provision and improvement of the Application to you and the other users of the Application.
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Application or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place TeamViewer under any fiduciary or other obligation.
You represent and warrant (gewährleisten) that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Application, are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party.
Monitoring. If permitted by applicable laws and regulations, we may (but have no obligation to) monitor, evaluate, or block your access to or use of the Application.
Your Limited Rights. The Client App that you acquire and download to your device from your third party app store provider is licensed to you on a limited, worldwide, fully paid-up, non-exclusive, non-transferable, and non-sublicensable basis to install and use such Client App on a device that you own or control, solely for your personal, non-commercial use, under the terms of this Agreement and any additional terms that you may have agreed to with the app store provider.
For the term of this Agreement, we hereby permit you, on a limited, non-exclusive, non-transferable, non-sublicensable basis, to use the connected materials, software and services that we provide as part of the Application through the Client App (together the “Connected Services”) on a mobile device that you own or control, solely through the Client App and any other client application software that we may provide, and solely for your personal, non-commercial use.
Company’s Proprietary Rights. We and our suppliers own the Application, which is protected by proprietary rights and laws, including our trade names, trademarks and service marks and any associated logos. All trade names, trademarks, service marks and logos on the Application not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Application should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
Third Party Materials; Links. Certain Application functionality may make available access to information, products, services and other materials made available by third parties that are not themselves part of the Application, including Submissions from other users (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by TeamViewer with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Application at any time. In addition, the availability of any Third Party Materials through the Application does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
Availability; Warranties (Gewährleistung). Access to the Connected Services will be provided with an availability of no less than ninety-eight percent (98%) per calendar month.
Your use of the Application may be covered by statutory warranties against defects under applicable law. These warranties may include rights to have the Application brought into conformity by repair or replacement free of charge, including by receiving necessary updates to the Application. Nothing in this Agreement limits or excludes your statutory warranty rights and claims. If you acquired your copy of the Client App from a third party such as an app store provider, any statutory warranties against defects of the Client App that you may have under applicable law may be a matter of the relationship between you and the app store provider. Statutory warranties against defects of the Connected Services will always be a matter of this Agreement between you and us.
Limitation of Liability. Nothing in this Agreement shall have the effect of excluding or limiting our legal liability under applicable law in the event of (i) death or personal injury (ii) fraudulent misrepresentation or fraudulent concealment of defects (iii) loss and futile expenses caused by willful intent or gross negligence, (iv) a breach of a contractual guarantee (if any), or (v) other cases where liability cannot be excluded or limited by agreement in advance (such as e.g. under applicable product liability laws). Subject to the foregoing sentence only,
We will not be liable for your loss and futile expenses (jointly the “Damages”) caused without any negligence or intent on our part;
We will not be liable for your Damages caused by the breach of a non-material contractual obligation caused with only slight negligence;
Our liability for the breach of material contractual obligations with only slight negligence will be limited to those Damages foreseeable to the parties at the time of the conclusion of the agreement between you and us that typically arise in transactions of this kind. For this purpose, a material contractual obligation is deemed an obligation, the fulfilment of which is a prerequisite for enabling the proper fulfilment of the contract and on the fulfilment of which you may generally rely.
Where we provide the Application to you free of charge, We will not be liable for Damages caused with only slight negligence.
All limitations of liability of any kind in this Agreement are made for the benefit of us and our affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, and service providers, and our and their respective successors and assigns.
Export Control. You acknowledge that the Application and related technical data (collectively “Controlled Technology”) are subject to the import and export control and economic sanctions laws of Germany, the European Union and the United States, specifically the U.S. Export Administration Regulations (EAR) and the laws of any country where Controlled Technology is imported or re-exported. User agrees to comply with all relevant laws and will not export, re-export, or transfer any Controlled Technology in contravention of German, EU or U.S. law nor to any restricted country, entity, or person for which an export license or other governmental approval is required. You further agree that you will not export, transfer, or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.
You represent that you are not (i) a Restricted Party (as defined below); (ii) currently engaging in any transaction, activity or conduct that could result in a violation of applicable Sanctions (as defined below) and warrant that you will not make available the Controlled Technology directly or indirectly, to, or for the benefit of, any Restricted Party.
This section shall only apply to you to the extent that the provisions herein would not result in (i) any violation of, conflict with or liability under EU Regulation (EC) 2271/1996 or (ii) a violation or conflict with section 7 German Foreign Trade Regulation (Außenwirtschaftsverordnung) or a similar anti-boycott statute.
“Restricted Party” means any person (i) designated on any Sanctions List, (ii) that is, or is part of, a governmental authority of a Sanctioned Territory, (iii) owned or controlled by, or acting on behalf of, any of the foregoing, (iv) located, organized, or resident in, or operating from, a Sanctioned Territory, or (v) otherwise targeted under any Sanctions.
“Sanctioned Territory” means any country or other territory subject to a general export, import, financial or investment embargo under Sanctions.
“Sanctions” means economic or financial sanctions or trade embargoes or other comprehensive prohibitions against transaction activity pursuant to anti-terrorism laws or export control laws imposed, administered or enforced from time to time by the US, EU, UN, Germany, or any country where Controlled Technology is imported or re-exported.
Termination. This Agreement will continue until terminated. Both you and we may terminate or suspend this Agreement at any time upon thirty (30) days’ notice to the other party. Additionally, we may terminate this Agreement immediately upon notice to you, if you fail to abide by the terms of this Agreement. If possible and reasonable for us under the given circumstances, we will give you reasonable prior warning notice requiring you to stop the breach in question and to remedy any consequence of such breach and will only terminate if you fail to do so.
Mandatory rights to terminate for cause under applicable law shall remain unaffected.
Immediately upon any termination TeamViewer may deactivate or delete your credentials and account, and all associated materials, without any obligation to provide further access to those materials. Sections 2, 3, 5, 6, and 9–21 will survive any termination of this Agreement.
Governing Law. This Agreement is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany, without regard to its principles of conflicts of law, and regardless of your location. If you are acting as a consumer, i.e., for purposes which are outside your trade, craft, business or profession, the foregoing choice of governing law will not have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the laws applicable where you habitually reside.
Jurisdiction. You agree to exclusive jurisdiction of the courts located in Germany, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If you are acting as a consumer, i.e., for purposes which are outside your trade, craft, business or profession, the foregoing choice of jurisdiction does not apply to you, and the forum for any disputes between you and us shall instead be determined by applicable law.
Information or Complaints. If you have a question or complaint regarding the Application, please get in touch through our community portal under https://community.teamviewer.com/English/kb/categories/427-lifeAR or alternatively contact us under:
TeamViewer Germany GmbH, Bahnhofsplatz 2, 73033, Germany
+49 7161 60692 50
Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and TeamViewer. If any term of this Agreement is found to be unenforceable for any reason, that term will be considered separable from this Agreement and will not affect the enforceability of any other term. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Neither party’s waiver of any breach under this Agreement will be considered a waiver of any earlier or later breach. Any headings in this Agreement are for convenience only. The term “including” and its variations will be interpreted as if followed by the phrase “without limitation.” This Agreement, including any incorporated terms, is the entire agreement between you and TeamViewer relating to its subject matter, and supersedes any earlier or contemporaneous agreements or understandings between you and TeamViewer relating to that subject matter. Notices to you may be made by posting to the Application or by e-mail, or by regular mail. TeamViewer will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Application compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the Application. Apple is not providing any warranty for the Application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Application, including any third-party product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Application, including those pertaining to intellectual property rights, must be directed to TeamViewer in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the Application on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s Application Store Terms of Service, except that the Application may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Application, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, TeamViewer’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
ODR Platform. The EU Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr We are neither obligated nor ready to participate in online dispute resolution.
Application © 2021 TeamViewer Germany GmbH unless otherwise noted. All rights reserved.
Always be aware of your surroundings and watch out out for other people and potential dangers for yourself and others when using Life AR.
Consult your parents or legal guardians before using Life AR and its augmented reality features. Parents should instruct and supervise their children when Using Life AR.
Life AR allows you to publish clips to online platforms. Please remember: You are responsible when handling or sharing any video content.