Last Updated: April 2021
Please read these Terms of Service (the “Agreement”) carefully. Your use of the Application (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and TeamViewer Germany GmbH (“Company” or “we” or “us”) concerning your use of (including any access to) the LifeAR mobile application (together with any materials and services available therein, and successor(s) thereto, the “Application”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Application, or otherwise made available to you by Company.
For the agreement applicable to uses of the Application by residents of the eu, eea and the uk, please refer to https://www.lifear.app/en/terms-eu/
BY USING THE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.
References to “you” and “your” in this Agreement will refer to both the individual using the Application and to any such Organization.
This Agreement contains a mandatory arbitration provision that, as further set forth in Section 19 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.
Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Application. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
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; or (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.
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 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.
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 Company’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.
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 Company’s express prior written consent.
Systematically download and store Application content.
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 Company’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 may need to register to use all or part of the Application. We may reject, or require that you change, any username, profile picture or other information that you provide to us in registering. Your credentials are for your personal use only and should be kept confidential; you, and not Company, 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 user 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. Company 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 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 complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
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. We may disclose information regarding your access to and use of the Application, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
Your Limited Rights. The Application is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Application, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Application on a mobile device or iPad (or similar tablet) that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Application and remove (that is, uninstall and delete) the Application from your mobile device.
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, including Submissions (“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 Company 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).
Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the Application and any Third Party Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Company disclaims all warranties with respect to the Application and any Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.
While we try to maintain the timeliness, integrity and security of the Application, we do not guarantee that the Application is or will remain updated, complete, correct or secure, or that access to the Application will be uninterrupted. The Application may include inaccuracies, errors and materials that violate or conflict with this Agreement.
Limitation of Liability. To the fullest extent permitted under applicable law: (a) Company will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Company will not be liable for damages of any kind resulting from your use of or inability to use the Application or from any Third Party Materials, including from any Virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Application or any Third Party Materials is to stop using the Application; and (d) the maximum aggregate liability of Company for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of $10.00 or the total amount, if any, paid by you to Company to use the Application. All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and the Affiliated Entities, and their respective successors and assigns.
Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Application (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
Termination. This Agreement will continue until terminated. Company may terminate or suspend your use of the Application at any time and without prior notice. Immediately upon any such termination or suspension, your right to use the Application will end, and Company may deactivate or delete your user credentials and account, and all associated materials, without any obligation to provide further access to those materials. Sections 2–8 and 10–23 will survive any termination of this Agreement.
Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Company and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer-Rules-Web.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
Filtering. Please note that parental control protections are commercially available that may assist in limiting access to material that is harmful to minors. Current providers of these protections are listed at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Company does not endorse any of the listed products or services.
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
Please note that e-mails may not be secure, so you should not include credit card or other sensitive information in any e-mail. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.
Copyright Infringement Claims. If you believe in good faith that material available on the Application infringes your copyright, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a mechanism for you (or your agent) to send to Company a written notice of such alleged infringement, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA provides a mechanism for you to send to Company a counter-notice. Notices and counter-notices must meet the DMCA’s then-current statutory requirements. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Natalie Khandaker as follows: By mail to Bahnhofsplatz 2, 73033 Göppingen, Germany or by e-mail to [email protected], the contact’s phone number is +49 716160692505.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
Export Controls. You are responsible for complying with U.S. export controls and for any violation of those controls, including any U.S. embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any U.S. government list of restricted end users.
Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. 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. You may not assign, transfer or sublicense any of your rights or obligations under this Agreement. 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 Company relating to its subject matter, and supersedes any earlier or contemporaneous agreements or understandings between you and Company relating to that subject matter. Notices to you may be made by posting to the Application or by e-mail, or by regular mail. Company 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 Company 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, Company’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.
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.