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Terms of Service

1. NATURE OF SERVICES

Impletor.com Terms of Use

Last update: November 11, 2020

 

THESE TERMS OF USE (“TOU”), INCLUDING ALL DIRECTIVES, OR LEGAL NOTICES THAT WE CAN RELEASE FROM TIME TO TIME, REGULATE YOUR USE OF IMPLETOR.COM AND APP.IMPLETOR.COM, BOTH FOR THE FREE, OR THE PAID SERVICES OF WEB. ALSO YOUR RELATIONSHIP WITH IMPLETOR.COM AND APP.IMPLETOR.COM.

PLEASE READ THIS TOU CAREFULLY, AS IT WILL INFLUENCE YOUR LEGAL RIGHTS AND LIABILITIES. IF YOU DO NOT AGREE TO THIS TOU, PLEASE DO NOT REGISTER AT IMPLETOR.COM AND APP.IMPLETOR.COM.

IF YOU HAVE QUESTIONS ABOUT THE TOU, PLEASE CONTACT US:  INFO@IMPLETOR.COM

Impletor.com is a web augmented reality (Web-AR) platform. This Web-AR platform offers a number of services and functions for publishing (web) augmented reality experiences via a web browser. Contents (e.g. 3D models, sound, animations, pictures) can be uploaded and modified by different functions. This content is published in the form of an augmented reality link.

2. WHAT DOES WHAT MEAN?

In these terms of use, some of the terms used have a special meaning.

These terms are listed here:

“Account owner”

means the person, company or organization in whose name an account is registered with impletor.com and app.impletor.com If an account is created with a business or organizational email address (e.g., 123@company.com), the account holder is the company or organization. If it is not clear who the intended account holder is, the final decision, including the information provided, will be made by impletor.com and app.impletor.com at its sole discretion.

“Authorized User”

referred to in relation to commercial subscriptions, contractors, or other business related persons of the account holder (also referred to as “authorized users”).

Subscriptions for commercial purposes”

means each purchased subscription that is used for commercial purposes.

 

“Commercial users”

means a person who uses a subscription for commercial purposes.

 

“AR trigger”

AR triggers are Web AR links or QR codes, both of which are linked to the desired content and triggers the desired content.

 

“Permitted Purposes”

means (i) for professional users, any lawful commercial, commercial or professional use within the guidelines published by us; (ii) for private users, only for your personal entertainment/purposes and not for commercial, commercial or professional purposes.

“Private users”

means a person who uses the services of impletor.com and app.impletor.com for personal purposes.

 

“Impletor.com and app.impletor.com services”

are the services and functions of the WebAR platform, which are available at https://impletor.com/ and https://app.impletor.com/, together with the associated databases, features, functions, plug-ins, software, tools, documentation and websites, including any changes or updates.

 

“Upload function”

describes the function of impletor.com and app.impletor.com, which allows content to be loaded into impletor.com and app.impletor.com in order to be able to edit it and subsequently publish it.

 

“User”

means the account holder or a person who access the services of impletor.com and app.impletor.com, regardless of whether they are account holders or not.

 

“User Agreement”

means the legal contract between impletor.com and the account holder for the provision of the services, which contains these terms of use and is subject to them.

“Content, User Content”

means all 3D models, animations, images or audio files uploaded, imported, or transmitted by users.

 

“Virus”

means any thing or device (including software, code, files or programs) that: (i) prevents, interferes with, or otherwise adversely affects the operation of devices, computer software, hardware or networks, telecommunications services; (ii) prevent, interfere with, or otherwise interfere with access to or operation of programs or data, including the reliability of programs or data (whether by completely or partially relocating, changing or deleting programs or data) ; or (iii) that adversely affects the user experience, including worms, Trojans, viruses and other similar things or devices.

“You”

means that you, the natural person who visits the impletor.com and app.impletor.com website, uses the impletor.com and app.impletor.com services or registers as a user of the impletor.com and app.impletor.com services.

“Web AR Links”

means the web links that are linked to user content by the services of impletor.com and app.impletor.com and serve to publish and distribute user content. Web AR links are created in the app.impletor.com account by users.

 

Web AR-QR Codes”

means the QR codes that are linked to Web AR links including their user content by the services of impletor.com and app.impletor.com and are used to view up Web AR links using a smartphone camera or other QR code readers in order to publish and distribute user content. Web AR-QR codes are created in the app.impletor.com account by users.

“Impletor.com and app.impletor.com” or “We”

means Impletor MB, small partnership company registered in Lithuania under the commercial register number 305638732.

 

“App.impletor.com account, user account, account”

means the app.impletor.com account that has been registered for the use of the impletor.com services with the necessary login information.

 

“Impletor.com and app.impletor.com website”

refers to our website for the WebAR platform, which can be found at https://impletor.com/ and https://app.impletor.com/.

In these TOU:

The words “contains” and “including” are in no way limited and mean “contains or including without limitation”.

The word “person” includes individuals, companies, corporations, partnerships, limited partnerships, cooperatives, associations and other natural and legal persons.

The section and paragraph headings are only for clarity and have no influence on their interpretation. Unless otherwise stated, references refer to a section of this TOU.

If there is a conflict, ambiguity, or difference in the interpretation, wording or meaning, term, or term in any of our published or shipped policy documents, the term or term in the most current policy document applies.

These terms of use were originally written in Lithuanian. To the extent that a translated version of these Terms of Use conflicts with the English version, the English version is controlled.

3. ACCEPTANCE OF THE CONDITIONS

 

The use of the impletor.com and app.impletor.com services is subject to the following terms of use. The creation/registration of a app.impletor.com account and/or the use of the impletor.com and app.impletor.com services is considered confirmation and agreement to be legally bound to the provisions of the terms of use. If you do not agree to the terms of use, you may not use the services of impletor.com and app.impletor.com.

4. CHANGE OF THE TERMS

We may, at our discretion, revise, change or replace these TOU at any time with or without notifying you by updating the publication on the impletor.com and app.impletor.com website. You should visit the impletor.com and app.impletor.com website from time to time to check the latest version of the TOU, as these are legally binding for you. If you do not want to accept the new terms of use, you should no longer use the services of impletor.com and app.impletor.com. If you continue to use the Services after the effective date of changes, your use of the Services is deemed to be legally bound by the new Terms of Use.

5. REGISTER AN ACCOUNT WITH APP.IMPLETOR.COM

5.1 Who can use the services?

You may only use the services if you meet and assure the following criteria and guarantee that: (a) you are currently not partially or wholly excluded from the services of impletor.com and app.impletor.com; (b) register only one account for private use; (c) comply with these Terms of Use at all times; and (d) agree to provide, at your expense, all the equipment, resources, software and internet access required to use the Services.

The person who opens an app.impletor.com account on behalf of a Commercial User guarantees and warrants that: (a) they have full authority to enter and accept these TOU on behalf of the Commercial User; (b) the commercial user is a legal person and is able to enter into contractual relationships; and (c) the use of the services does not violate other agreements in which the business user is involved.

If you do not meet or no longer meet all the conditions of participation listed in these terms of use, you may not use the services of impletor.com and app.impletor.com. Impletor.com also reserves the right, at its own discretion, to refuse to accept requests to open an app.impletor.com account for the impletor.com services.

5.2 Registration

In order to be able to use the services, every user must register with us by creating an app.impletor.com account. You have to make sure that the data you provided during registration is correct and complete. You must inform us immediately of any changes to the information you provided during registration by updating your personal information to enable impletor.com to communicate with you. If you provide information that is not true, inaccurate, not up-to-date or incomplete, or if we have reason to believe that this information is incorrect, inaccurate, out-of-date or incomplete, we can block your app.impletor.com account and/or to use the right to block or terminate the Services, with or without notice.

5.3 Password and security

The account holder alone is responsible for the activities that take place on his app.impletor.com account and for the security of his account. The Account Owner therefore undertakes: (i) to keep the chosen password and other login information secure and confidential (to ensure that authorized users keep them safe); (ii) prohibit others from using their web space unless they are authorized users; (iii) be responsible for all activities that take place on his app.impletor.com account; (iv) not to sell, trade, or otherwise transfer your app.impletor.com account to another party unless permitted by the User Agreement; and (v) not bill anyone for access to the app.impletor.com account in whole or in part.

If you know or suspect that someone else knows your password or has received unauthorized access to your app.impletor.com account, you should notify us immediately by contacting info@impletor.com. If impletor.com has reason to believe that there is a possible security breach or misuse of impletor.com and app.impletor.com services, we can ask you to change your username and/or password, we also reserve the right to block your app.impletor.com account. IMPLETOR.COM MAKES NO LIABILITY FOR LOSSES WHICH A USER MAKES BY USING YOUR APP.IMPLETOR.COM ACCOUNT, BY ANY OTHER PERSON, WHETHER AUTHORIZED OR UNAUTHORIZED.

5.4 Inactivity

Impletor.com reserves the right to remove and/or delete inactive app.impletor.com accounts as part of system clean ups. This administration can lead to the inactive app.impletor.com account being temporarily or permanently removed or deactivated and thereby all content and data associated with it deleted or deactivated. For these purposes, the following is considered inactive: app.impletor.com accounts that have not been used for 12 months or longer AND have no paid subscription;

6. RIGHT TO USE THE SERVICES

6.1 Conditions of access

In compliance with this TOU, including all of our current or future published instructions or guidelines, impletor.com grants the user a personal, worldwide, non-exclusive, non-transferable and limited right, unless the app.impletor.com account, and until this is not terminated in accordance with Section 15 (“Termination of the User Agreement”), access to the app.impletor.com account and use of the impletor.com services for the development, publication and distribution of your user content.

 

FREE USE. The free subscription to impletor.com and app.impletor.com offers users the option of using 100 MB of disk storage per month. You are not able to extend your monthly gaven storage with your free subscription.

6.2 Limitations

At no time (directly or indirectly) may the user:

(a) use the Services for activities or purposes that are illegal, immoral or inappropriate, whether in Lithuania or elsewhere in the world;

(b) Modifying, adapting, translating, or creating derivative works or services based on the services of impletor.com and app.impletor.com;

(c) the reverse engineering, decryption, decompilation, disassembly of source code of services from impletor.com and app.impletor.com, for the same or similar services.

(d) copy the services of impletor.com and app.impletor.com (in whole or in part);

(e) charge people for access to impletor.com and app.impletor.com, or use of the Services;

(f) renting, leasing, lending, distributing, reselling, sub-licensing or transferring the services of impletor.com and app.impletor.com; or

(g) access to all or part of the services to create a product or service that competes with the services of impletor.com and app.impletor.com.

It should be noted that these restrictions do not prohibit commercial users from using the impletor.com and app.impletor.com services in connection with the development, creation, marketing, distribution and sale of their own products and services, provided that these terms of use and our fair Use guidelines are followed (see section 13 below).

 

The user may not use AR triggers belonging to another user for their own commercial purposes without their express consent, and the user may not use AR triggers in media or on materials (physical or digital) that do not belong to them unless he is authorized to do so by the owner.

Commercial users may not, without the prior written consent of impletor.com and app.impletor.com, represent impletor.com and app.impletor.com as a manufacturer or supporter of other products or services, or the names or logos of impletor.com and app.impletor.com on or in connection with products or use services.

6.3 Notes of ownership

The user may not remove, change or cover any notices contained in the services of impletor.com and app.impletor.com regarding copyrights, brands or other property rights.

 

6.4 Reservation of rights

Impletor.com and app.impletor.com reserve all rights, titles and interests in and for the services, as well as all associated data and intellectual property, with the exception of the “rights to use the services”, which are noted in section 6 of this TOU. All content (including software) that we provide to you as part of the Services is licensed for your use during the term of the User Agreement under these Terms of Use, and is not sold to you.

7. FEES, PAYMENT AND REFUND

 

You must pay all applicable fees for your use of the impletor.com and app.impletor.com services in accordance with the subscription prices. Every subscription includes a certain number of Megabytes (MB) disk storage per month, if you exceed those, we will inform you in advance. The rate of the disk storage per month depends on your subscription. Plans All amounts charged for the use of the Services include the Lithuanian VAT. Fees are payable in the currency specified in the relevant invoice or settlement agreement.

For fees that are not paid in full on the due date, interest accrues on these unpaid amounts at an annual rate of 5%, starting on the due date until full payment. We can also block your app.impletor.com account and the right to use the services until all overdue payments have been brought up to date.

Impletor.com reserves the right to change the terms of payment and prices for the services at your own discretion by notifying you. The changed price and/or payment terms apply (unless otherwise stated) from the date of this notification and apply to all fees that you incur after the effective date of this price change.

All payments made on the impletor.com and app.impletor.com website are processed on our behalf by third parties. You accept that impletor.com and app.impletor.com are not responsible for these third party providers and their operation or availability. By agreeing to these terms of use, you authorize impletor.com and app.impletor.com or our designated payment provider to carry out all appropriate and necessary surveys to validate your app.impletor.com account and your financial information.

Impletor.com reserves the right to monitor your (including authorized user) use of the impletor.com and app.impletor.com services to ensure that you use the services in accordance with the user agreement and the correct fees for your use of the Pay services.

Impletor.com maintains a “NO RETURN” policy for all of our plans. All fees charged for using the Services (including VAT and other taxes levied on the fees) are NON-REFUNDABLE unless required by law. In the case of private users, this policy does not affect your statutory rights as a consumer.

8. USER WARRANTIES AND INDEMNITY

 

You acknowledge, guarantee and undertake that:

 

  • An app.impletor.com account created by or on your behalf is intended for your personal or business use. The account must not be created with the intent to pretend to be another person, to misrepresent them, or to create incorrect associations.
  • Use of the Services must be in strict accordance with these Terms of Use, including all relevant and applicable laws and regulations, including local laws or regulations in your country, state, city, or other governmental area.
  • You abide by the rules and regulations of your mobile operator, internet service provider and other third party providers.
  • If you are a business user, you must adhere to prudent practices, methods, specifications, and safety and performance standards that are commonly used in activities that are similar to the standards of your company or profession, including advertising standards, professional standards, or codes of conduct; and
  • All information you provide to impletor.com and app.impletor.com is true and correct throughout your use of the Services and is accurate and complete. You will immediately inform impletor.com and app.impletor.com of any significant changes to this information.

 

INDEMNIFICATION

You acknowledge that any violation of these Terms of Use may cause impletor.com and app.impletor.com to cause damage or loss, and you agree to impletor.com and its employees, directors and shareholders of all liabilities, claims, actions indemnify and hold harmless. Procedures, losses, damages, costs and expenses (including court costs and attorney’s fees), whether direct, indirect or as a result, including economic losses or other losses of profits, business or goodwill, the impletor.com or one of the impletor.com compensated parties arise or may arise as a result of any of the following: (a) your use of the Services, including content triggers; (b) your user content; and (c) violations by you or others who act on your behalf against these TOU.

9. USER CONTENT: GENERAL RULES

Strict compliance with the following provisions of sections 9, 10 and 11 are a basic condition of this user agreement. If you use the upload function, you are responsible for managing your legal relationship with end users and for setting up all necessary terms of use and privacy policies. You ensure that people who upload content to your AR triggers using the upload feature do so in accordance with sections 9, 10 and 11 of these Terms of Use.

Users confirm that the services are designed to be accessible over the Internet, and impletor.com does not guarantee confidentiality or privacy with regard to user content. Any user content you publish will be visible to anyone who holds the associated AR triggers. Due to the nature of the Internet and in particular the search engines, user content can remain on devices or websites that are not operated or controlled by impletor.com, even after this user content has been removed or deleted from our systems. You acknowledge and agree that all user content published in the Services is openly available on the Internet.

You acknowledge and confirm that you and not impletor.com are solely responsible for all user content that you make available via the services, in particular all content that is uploaded via the upload function. User content is not checked or edited by impletor.com and app.impletor.com in advance, and impletor.com does not conduct any editorial or content-related review of user content.

Regardless, impletor.com and app.impletor.com reserves the right, at its sole discretion (but is not required), to deny, suspend, or remove access to user content available through the Services at any time. We do not need to exercise this right (or notify you in advance), but we would normally only deny, suspend, or remove content if: (a) we believe it is illegal or violates these TOU; or (b) we receive a complaint about your user content; or (c) we receive a court order requesting removal from our systems; or (d) the content violates our terms of use with our server provider. Removed user content can still be saved by us in order to comply with legal obligations.

While impletor.com makes reasonable efforts to ensure that AR triggers correctly linked to the user content that users have assigned to them, you acknowledge that it is your sole responsibility to test the correct functionality of all AR triggers and check before you commit. IMPLETOR.COM WILL NOT BE LIABLE FOR LOSSES RESULTING FROM AN ERRORLY CONFIGURED AR TRIGGERS.

10. USER CONTENT: OWNERSHIP

Subject to the provisions of this Section 10, you, or your licensor, retain ownership of all rights (including intellectual property rights) that you currently have under the applicable law to user content. You or your end users reserve ownership of all rights (including intellectual property rights) that you currently have under applicable law to the user content uploaded to your AR trigger through the upload function.

 

So that we can provide you with the services and distribute your user content via the AR triggers you have selected, you grant impletor.com and app.impletor.com an irrevocable, worldwide, royalty-free and non-exclusive license to save, reproduce, adapt and change (e.g. For technical reasons, so that the content works on our platform), for translating, publishing, displaying, executing, transferring, distributing and any other use of your user content via the services of impletor.com and app.impletor.com, exclusively for impletor.com and app.impletor.com to give the opportunity to operate, maintain, make available and distribute the services in accordance with the user agreement. In addition (if applicable), you enable our content delivery platform to (a) complete the final, published compilation of your user content and (b) allow those who activate your AR triggers to access your user content. Your license includes the right for impletor.com and app.impletor.com to provide and sub-license your user content for use by our service providers who are used in connection with the impletor.com and app.impletor.com services (e.g. Google Inc.) insofar as this is necessary to provide the services. The license granted to impletor.com and app.impletor.com remains in effect throughout your use of the services and until you remove user content from our systems. This is just a license – your ownership of your user content is not affected. You warrant and warrant to impletor.com and app.impletor.com that you have (and will continue to have, all rights, privileges, powers, and authority to grant the licenses contained in this paragraph) while using the Services.

11. USER CONTENT: PROHIBITED CONTENT

Under no circumstances may you create, enter, import, upload, save, link, share, publish, make public, distribute content while using the impletor.com and app.impletor.com services that:

 

  • contain or are a virus;
  • unlawful, harmful, offensive, abusive, threatening, defamatory, defamatory, vulgar, obscene, offensive, threatening, harassing or racially or ethnically abusive, or otherwise objectionable or otherwise in breach of the law;
  • Facilitate or promote behaviors that constitute a crime or otherwise violate any applicable law, regulation or code of conduct;
  • show indecent, pornographic or sexually explicit images;
  • endanger, harm or improperly treat the rights of children and minors;
  • serve to incite, encourage or encourage violent, exploitative, racist, discriminatory, socially unacceptable or irresponsible behavior;
  • are discriminatory based on a person’s age, race, gender, gender reassignment, skin color, religious belief, sexual orientation, disability or any other characteristic to be protected;
  • disclose confidential or sensitive information unless you are authorized to do so;
  • impersonate any person, misrepresented their affiliation with someone, or contains fake or manipulated headers designed to obscure the origin of the content;
  • violates a person’s data protection rights, or collects data about others without their knowledge and consent;
  • constitutes a violation of copyrights, patents, trademark rights, trade secrets, database rights, or another intellectual property right of a person or a company, unless you have the permission of the data controller or the owner of these rights;
  • Allow streams, distributions, links to/from, or access to materials that you know about or that you should reasonably know should not be legally streamed, distributed, linked, or accessed;
  • Cause damage or injury to people or property;
  • disrupt or affect the use or experience of another person’s services.

12. DATA PROTECTION AND PRIVACY

 

In this Section 12, the terms “Personal Data”, “Controller”, “Processor” and “Process Processing” or “Processing” have the same meaning as in Article 4 of the GDPR.

Before you decide to become an impletor.com and app.impletor.com user, you should read our Privacy Notice for impletor.com and app.impletor.com carefully. The Privacy Notice describes what information, including personal data, we could collect from you in connection with the services and how we use this information. You can find our Privacy Notice in the section impletor.com and app.impletor.com data protection. Your use of the services may also result in cookies and similar technologies being stored on your computer or mobile device.

Unless expressly stated otherwise in our Privacy Notice, the user is responsible for the collection, storage, disclosure and use, as well as for access to personal data of persons that can be attributed to the use of the services by the user, including all information that are contained in the user’s content. In addition, it is assumed that the above Privacy Notice does not apply to personal data that the user collects from AR triggers of his end users in his function as data controller. The user must ensure that he informs his end users of what personal data end users collect and how the user uses the personal data. The use of the upload function assumes that the user assumes responsibility for compliance with all applicable data protection and data protection laws.

 

If impletor.com processes personal data on behalf of a user when providing the services, the parties note their intention that the user is the data controller and impletor.com acts solely as a processor.

In this case, the following general principles apply:

 

  • The user confirms that the personal data may be transferred or stored outside the EEA or outside the country in which the user is located in order to fulfill the services and other obligations of impletor.com and app.impletor.com in relation to these TOU .
  • The user ensures that he is entitled to transfer the relevant personal data to impletor.com and app.impletor.com so that impletor.com can legally use, process and transfer the personal data in accordance with these TOU on behalf of the user.
  • The user ensures that relevant third parties (including the end users of the user’s AR triggers) have been informed of the use, processing and transfer of the data and have given their consent (if required by law);
  • Impletor.com and app.impletor.com processes the personal data only in accordance with these TOU and
  • Each party takes appropriate technical and organizational measures against the unauthorized or unlawful processing of personal data, or their accidental loss, destruction or damage.

 

If applicable, the impletor.com Data Processing Addendum (DPA) applies to the personal data processed by impletor.com and app.impletor.com on behalf of the user.

13. FAIR USE POLICY

13.1 General statement

There is a guideline for fair and acceptable use for the services of impletor.com and app.impletor.com. This fair use guideline applies to everyone who uses the services. Under our fair use policy, you may not do any of the following:

 

  • using the Services in a manner that violates Sections 9 through 12 (inclusive);
  • the use of the Services in a manner that interferes or affects, or could affect or interfere with, the Services;
  • Use of the Services in a manner that is excessive or abnormal, or places a significant burden on our platform, website, online services or network, and so such use is detrimental to other users.
  • using the Services in a manner that violates or misuses a person’s intellectual property or data protection rights;
  • removing, or extracting content, data, code, scripts, or images of the Services;
  • Uploading or implementing viruses into the services;
  • Linking, or attempting to link, viruses or content or materials to an AR trigger owned by another user.

 

You must comply with all instructions and specifications that we provide regarding the media files to be uploaded (e.g. format, type, size and length)

13.2 Consequences of a violation

If you violate our Fair Use Policy, or we believe that you are using the Services in an unfair, excessive or disruptive manner, or otherwise in our sole and absolute discretion, we may (in addition to the other rights set forth in these TOU) Set restrictions or restrictions for service functions. For example, we can limit the number of AR triggers assigned to, or limit the number of calls for your AR triggers.

If you violate our fair use policy, you will normally be asked to change your behavior before we take action. However, we reserve the right not to notify you of willful, serious or persistent breaches or abuse of the Services. You acknowledge that a violation of the Fair Use Policy may result in immediate termination of your User Agreement and the right to use the Services.

 

14. DELIVERY, AVAILABILITY AND CHANGE OF SERVICES

Impletor.com provides the services to the account holder and the authorized users at the time of an activated app.impletor.com account. If an account holder decides to subscribe to the free services plan, impletor.com and app.impletor.com only offers the framework of services that are available free of charge. If the account holder starts with the paid subscription of the services, impletor.com and app.impletor.com provides the framework for the services that is required for the selected subscription at the time of payment.

Impletor.com guarantees the account holder that (i) we will provide the services with reasonable care and expertise and (if applicable) within a reasonable time; and (ii) that the services essentially correspond to the descriptions published at https://impletor.com/ and https://app.impletor.com. We make no promise that the services will meet your needs; We also do not guarantee range that is generated by using the AR trigger. e.g. B. the number of calls, the AR triggers that you receive. We do not guarantee that the services are error-free or offer constant, uninterrupted access. If the services fail, you should report them to info@impletor.com. We will try to fix the error as soon as possible.

To allow repairs, maintenance, updates or the introduction of new functions or services, your access to the services may occasionally be suspended or restricted. In this case we will try to restore the service as soon as possible.

The services may change over time and we require acceptance of the updated services. We also reserve the right to change, update or discontinue (temporarily or permanently) the Services (or any aspect thereof), to limit certain aspects of the Services. This right can be exercised at any time and with or without notification to users.

15. TERMINATION OF THE USER AGREEMENT

Impletor.com subscriptions remain in effect until canceled in accordance with the terms of these TOU. All impletor.com subscriptions are automatically renewed at the end of the billing period, unless the account holder ends/unsubscribes before the subscription is renewed.

Impletor.com may, at its sole discretion, immediately suspend or terminate the User Agreement and your access to and use of all or part of the Services, with or without notice, for any reason, including (a) if you violate any of the terms violate these terms of use; (b) if impletor.com is required to do so by law or by order of a competent authority; or (c) impletor.com and app.impletor.com permanently stop the services. The suspension of services does not affect your obligations under these terms of use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating the user agreement.

The account holder can terminate the user agreement and his app.impletor.com account at any time, for any reason, by written notice. This cancellation will take effect on the day we receive your notice at the address below. If you cancel your app.impletor.com account, your subscription will be charged for the rest of the billing cycle (monthly or yearly) in which you are currently. Your app.impletor.com account will be deactivated at the end of the current billing cycle.

16. WHAT HAPPENS WHEN THE USER AGREEMENT ENDS?

In the event of termination of the services or termination of the user agreement by impletor.com or the account holder, the following happens regardless of the reason:

 

  • Your right to use the services and the rights granted to you in Section 6.1 end immediately and you confirm and agree that impletor.com will delete your app.impletor.com account and remove or archive all content and information (including user content) ;
  • Impletor.com can deny you further access to impletor.com and app.impletor.com and the use of the services. (This may include applying technical measures to prevent you from accessing the services.)
  • Impletor.com is entitled, but not obliged, to deactivate all existing AR triggers.
  • Impletor.com is not liable for claims or damages against third parties resulting from the cancellation or termination, nor for the resulting loss of content or information.
  • Impletor.com is under no obligation to reimburse you for fees or other payments unless applicable law provides otherwise, regardless of the remaining term of your subscription to the Services. and
  • All provisions of these terms of use, which should continue to exist after the termination, on the basis of their purpose or because it is expressly provided for in this way, remain in effect.

The cancellation or termination of the User Agreement shall be without prejudice to the provisions of this Section 16 and to any rights either of us may have accrued by, at or up to the date of such cancellation or termination.

17. OWNERSHIP OF THE SERVICES AND TRADEMARKS

The user agrees that impletor.com has all property, property and intellectual property rights to the services of impletor.com and app.impletor.com. Unless expressly stated otherwise, these terms of use do not grant the user any rights in or relating to patents, copyrights, database rights, trade secrets, trade names, brands (whether registered or not registered) or other rights or licenses.

Impletor.com is the sole and exclusive owner of the impletor.com logo, the impletor.com brands, and the general “look and feel” of the services, including all registrations and requests for registration of the impletor.com brands. You may not display, reproduce or use any of the impletor.com brands without our prior written consent. Any permitted use of impletor.com brands by you benefits impletor.com and you do not acquire any right or title to any of the impletor.com brands. All other brands, advertising messages, graphics and logos that are used on or in connection with the services are not registered trademarks or service marks of impletor.com.

18. THIRD PARTY SERVICES

For ease of use, the Services may include links to other resources, online services, or materials (“Third Party Service”) that are beyond our control. Impletor.com is not responsible for the content, functions, correctness, legality, adequacy or other aspects of such third party services. The inclusion of a link to a third-party service does not mean approval by impletor.com or a connection with its operators.

19. ADVERTISING AND SPONSORSHIP

Parts of the services may contain or display advertising, sales promotion and sponsorship from third parties. Advertisers, organizers and sponsors are responsible for ensuring that material and promotions submitted for inclusion in the services comply with applicable laws and codes of conduct. Impletor.com is not responsible for errors or inaccuracies in advertising or sponsorship material or for the implementation of promotions.

Your communication and dealings with advertisers, organizers and sponsors through whom services were found, including payment and delivery of related goods or services, other terms, guarantees or representations related to such transactions, are solely between you and the third party concerned. Impletor.com assumes no responsibility or liability in relation to this.

20. DISCLAIMER

EXCEPT IF EXPRESSLY AND SPECIFICALLY IN THESE TERMS OF USE: (A) ONLY THE USER TAKES RESPONSIBILITY FOR THE RESULTS AND FOR THE CONCLUSIONS OF THE RESULTS FROM THE USE OF THE SERVICES BY THE USER. IMPLETOR.COM AND APP.IMPLETOR.COM MAKE NO LIABILITY FOR DAMAGES CAUSED BY ERRORS OR LOST IN/FROM CONTENT, INFORMATION, INSTRUCTIONS OR OTHER MATERIALS (B) ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ANY CONDITIONS, OR ANY CONDITIONS, OR ANY CONDITION EXCLUDING COMMON LAW ARE EXCLUDED IN THE COMPLETE RELATIONSHIP UNDER THE APPLICABLE LAW; AND (C) THE SERVICES ARE PROVIDED TO THE USER ON THE BASIS “AS AVAILABLE”.

IMPLETOR.COM AND APP.IMPLETOR.COM TAKE NO RESPONSIBILITY OR LIABILITY FOR ANY IMPOSSIBILITY TO ACCESS OR USE THE SERVICES, OR FOR ANY DEPENDENCY OF YOUR COMPANY ON THE SERVICES. IMPLETOR.COM DOES NOT CONTROL HOW YOU GENERATE CALLS FROM YOUR AR TRIGGER. WE ARE NOT RESPONSIBLE FOR FRAUDULENT ACTIVITIES IN OR WITH YOUR AR TRIGGERS, OR FOR OTHER POTENTIALLY INTERRUPTING ACTIVITIES THAT MAY AFFECT YOUR BUSINESS.

IMPLETOR.COM AND APP.IMPLETOR.COM TAKE NO OBLIGATION TO VERIFY THE IDENTITY OF THE PEOPLE WHO USE THE SERVICES. THEREFORE, WE DISCLAIM ANY LIABILITY FOR IDENTITY THEFT OR ANY OTHER ABUSE OF IDENTITY, INFORMATION OR USER CONTENT.

IN THE EVENT OF A LOSS OR DAMAGING OF DATA IN USER CONTENT (USER DATA), IMPLETOR.COM AND APP.IMPLETOR.COM TRY TO RECOVER LOST OR DAMAGED DATA. IMPLETOR.COM ANS APP.IMPLETOR.COM DO NOT TAKE RESPONSIBILITY FOR LOSS, DESTRUCTION, MODIFICATION OR DISCLOSURE OF USER DATA CAUSED BY THIRD PARTIES. IMPLETOR.COM AND APP.IMPLETOR.COM SHOULD NOT BE USED AS A BACKUP FOR YOUR FILES, AND YOU MUST SAVE YOUR FILES BEFORE UPLOADING THEM TO THE SERVICES.

 

THE SERVICES AND AR-RELEASES PROVIDED BY USERS FOR USE MAY INCLUDE TECHNOLOGIES THAT ARE NOT TROUBLESHOOTING AND NOT INTENDED FOR USE IN DANGEROUS ENVIRONMENTS, OR AREA DETERMINED FOR THE ENVIRONMENT, COMMUNICATION OR FLIGHT CONTROL, LIFE SUPPORTING MACHINES, SECURITY SYSTEMS ETC.) THE USER REMOVES IMPLETOR.COM ANY LIABILITY FOR THE USE OF IMPLETOR.COM INCL. AR TRIGGER, FOR THESE OR SIMILAR SERVICES, LISTED IN THIS SECTION.

21. EXCLUSION AND LIMITATION OF LIABILITY

 

21.1. USER ATTENTION IS IN PARTICULAR APPLIED TO THE PROVISIONS OF THIS SECTION 21, IN WHICH IMPLETOR.COM AND APP.IMPLETOR.COM ENTIRE LIABILITY (INCLUDING ANY LIABILITY FOR THE MEASURES OR EXCLUSIONS OF ITS DIRECTOR, EMPLOYEE IMPROVEMENT); (B) ANY USE BY THE USER OF THE SERVICES, OR ANY ASPECT BY YOU; AND (C) ANY REPRESENTATION, DECLARATION OR SERIOUS FACT OR SUBJECT (INCLUDING NEGLIGENCE) WHICH ORIGINATES UNDER OR IN CONNECTION WITH THE USER AGREEMENT, THESE TERMS, CONDITIONS, OR SERVICES.

21.2 NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES IMPLETOR.COM AND APP.IMPLETOR.COM LIABILITY FOR THE FOLLOWING AFFAIRS: (A) DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, INCLUDING YOUR LEGAL RIGHTS AS A CONSUMER (IF APPLICABLE).

21.3 SUBJECT TO SECTION 21.2, IMPLETOR.COM AND APP.IMPLETOR.COM SHALL NOT BE LIABLE TO THE USER WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR ANY OF THE FOLLOWING: (A) ANY LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, OR LOSS OF ANTICIPATED SAVINGS; (B) DEPLETION OF GOODWILL OR INJURY TO REPUTATION; (C) LOSS OR CORRUPTION OF DATA OR INFORMATION; (D) LOSSES SUFFERED BY THIRD PARTIES; (E) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES (INCLUDING EXEMPLARY, MULTIPLE OR PUNITIVE DAMAGES OF ANY KIND); HOWSOEVER ARISING UNDER OR IN CONNECTION WITH THE USER AGREEMENT AND/OR THE SERVICES AND REGARDLESS OF WHETHER OR NOT SUCH LOSSES WERE FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES AT THE START OF THE USER AGREEMENT OR IMPLETOR.COM WAS ADVISED OF THE POSSIBILITY OF THE USER SUFFERING THE SAME.

23.4 SUBJECT TO SECTION 21.2, IMPLETOR.COM AND APP.IMPLETOR.COM TOTAL AGGREGATE LIABILITY TO THE USER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE ARISING UNDER OR IN CONNECTION WITH THE USER AGREEMENT SHALL BE LIMITED TO WHICHEVER IS THE GREATER OF (1) THE TOTAL FEES ACTUALLY PAID BY THE USER FOR USE OF THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE AND (2) THE SUM OF 100 EUR. THE LIABILITY LIMIT IN THIS SECTION SHALL INCLUDE ALL CLAIMS FOR INTEREST WHETHER STATUTORY OR OTHERWISE.

22. INTERNATIONAL USE

Although the services are available worldwide, impletor.com and app.impletor.com do not promise that the services are suitable or available for the use outside of Lithuania. Access to the services of places where their content is illegal or unlawful is prohibited. If you access and use the services from outside Lithuania, you do so on your own initiative and are responsible for compliance with local laws. Any offer of services and or information related to the services are void unless prohibited.

23. GENERAL PROVISIONS

Amendments. Unless expressly stated otherwise, the user agreement can only be changed or changed by a written document signed on behalf of the account holder and an authorized representative of impletor.com.

Assignment. The user agreement is personal to the parties. The account holder may not assign, transfer, subcontract or otherwise transfer the benefits and/or the burden of the user agreement to third parties without the prior written consent of impletor.com. We may transfer all or some of our rights under the User Agreement to another legal entity or company if we believe that your rights will not be affected.

Entire Agreement. You agree that the user agreement, these terms of use and the other documents mentioned therein represent the overall contract between you and impletor.com in relation to the services and their use. All previous agreements, arrangements, notifications and suggestions (oral, written or electronic) are superseded in relation to the subject of the usage agreement. Each of the parties confirms and agrees that the conclusion of the user agreement is not based on a promise, assurance, declaration, guarantee or understanding (whether in writing or orally) of a person. Regarding the contractual object of the user agreement, other than as not expressly specified in these terms of use. This provision does not exclude liability for fraud or fraudulent misrepresentation.

Force majeure. Impletor.com is not responsible for violations of the user agreement caused by circumstances beyond our reasonable control, including force majeure, terrorism, failures or delays in transport or communication, failure of your internet or your mobile connectivity, failure the world wide web, denial of service attacks, strikes, work stoppages or acts.

No waiver. If you violate the user agreement and impletor.com ignores this, we are still entitled to use our rights and remedies at a later time or in another situation in which you violate the user agreement.

Relationships between us. No agency, partnership, joint venture or employment relationship is created through the user agreement. Neither party has the authority to act on behalf or as a representative or otherwise to represent or bind the other party in any way.

Severability clause. Should a provision of the user agreement be invalid or unenforceable, all other provisions remain valid and enforceable insofar as they can take effect without the invalid parts.

Third party rights. The usage agreement does not transfer any rights to any person or party other than impletor.com and the account holder and, if applicable, their successors and legal successors.

24. NOTICE

Any notification that impletor.com and app.impletor.com must or may make in accordance with these terms of use can either be sent to you by email or published on the impletor.com website. You can send us communications by email or post using our addresses listed in Section 26: “Our Contact Information”. An email is deemed to have been received on the day of the successful submission, and any message sent to us by post is deemed to have been received when we have actually received it in our offices.

25. APPLICABLE LAW AND JURISDICTION

 

Regardless of any conflict of laws, these terms of use, the user agreement and all other aspects of the relationship between you and impletor.com (including non-contractual disputes or claims) are subject to Lithuanian law, regardless of your country of origin. We will try to resolve any disagreements or claims related to these Terms of Use, the User Agreement or the Services quickly and efficiently. If you are not satisfied with the way we handle disputes (including non-contractual disputes or claims) and you want to take legal action or legal process in relation to the dispute, you must do so only in Lithuania. Notwithstanding this section, you agree that impletor.com may continue to seek injunctive relief (or an equivalent type of urgent legal action) in any jurisdiction that you reside in or own.

NO CLASS ACTION. Users can only resolve disputes with impletor.com on an individual basis and make no claim in a class, consolidated or representative lawsuit. Class arbitration, class actions, general lawsuits by private lawyers and consolidation with other arbitration proceedings are not permitted.

26. OUR CONTACT DETAILS

The services are the property of Impletor MB, small partnership company registered in Lithuania with the commercial register number 305638732. The company’s headquarters are located in V. Nagevičiaus str. 3, LT-08237 Vilnius, Lithuania.

If you have any questions or complaints about the services, you can be contacted at the following addresses:

Postal address: Antakalnio str. 75, PO Box 862, LT-10007 Vilnius, Lithuania.

Email address: info@impletor.com

PRIVACY POLICY

Last update: November 11, 2020

 

PURPOSE OF THIS NOTICE

We at impletor.com and app.impletor.com take the data protection of our users seriously and are committed to ensuring that personal data are processed in accordance with the applicable data protection and data protection laws, such as the European General Data Protection Regulation (“GDPR”).

APPLICABILITY

This Privacy Notice applies between users of impletor.com and app.impletor.com and Impletor MB. The Privacy Notice deals with our use of information that we have collected in connection with your use of impletor.com and app.impletor.com.

In general, this Privacy Notice does not apply to “user content”.

The provisions for the processing of user content in connection with the service of impletor.com and app.impletor.com are regulated in the point Data Processing Addendum (impletor.com as data processor).

There can be an exception if you use a web space privately and web space is considered the data controller with regard to “content” (as defined in this Privacy Notice). We have therefore included some guidelines for your content in the section of this privacy policy entitled “Information We May Collect”.

Please also note that this Privacy Notice only applies to your use of impletor.com and app.impletor.com. This Privacy Notice does not extend to websites or services of third parties that can be accessed via impletor.com and app.impletor.com.

WHAT DOES WHAT MEAN?

In this Privacy Notice, some of the terms used have a special meaning. These terms are listed here:

 

“Anonymous information”

means information that cannot identify a particular person and cannot be used for identification. If anonymous information is linked to personal data, impletor.com and app.impletor.com treats this anonymous information as personal data.

“AR trigger”

AR triggers are Web AR links or Web AR QR codes, both of which are linked to the desired content and call up the desired content.

“Information”

(depending on the context) means some or all of the information that you or your device send to impletor.com and app.impletor.com via the services of impletor.com and app.impletor.com.

“IP address”

means a number that is automatically assigned to your device when you use the Internet. It can vary from session to session.

“Personal data”

means all personal information that we have about you that could be used to infer your personal identity.

e.g. Your name, email address, IP address and possibly other information such as identification numbers.

“You”

means that you, the natural person who visits the impletor.com and app.impletor.com website, uses the impletor.com services or registers as a user of the impletor.com and app.impletor.com services.

“Content, User Content”

means all 3D models, animations, images or audio files that you have uploaded, imported or transmitted.

“Impletor.com and app.impletor.com ” or “We”

means small partnership company registered in Lithuania, which is registered under the commercial register number 305638732.

“App.impletor.com account, user account, account”

means the app.impletor.com account that has been registered for the use of the impletor.com services with the necessary login information.

“Services, impletor.com services, app.impletor.com services”

are the services and functions of the WebAR platform, which are available at https://impletor.com/ and https://app.impletor.com/, together with the associated databases, features, functions, plug-ins, software, tools, documentation and websites, including any changes or updates.

IDENTITY OF THE DATA CONTROLLER

The data controller is Impletor MB, a small partnership company registered in Lithuania (the commercial register number is 305638732). You can find our contact details below in the section “Contacting us”.

Impletor.com only acts as data controller for Lithuanian and EU data protection law if the purposes and types of use of personal data determined by us are observed. For certain personal data (e.g. all personal data contained in your content), you and not impletor.com determine the purposes and the manner in which the personal data is used. In this case, you act as the data controller and we act as the data processor. In these cases, the Data Processing Addendum (impletor.com as data processor) applies instead of this Privacy Notice.

YOUR RIGHTS

As a data subject, you have the following rights in accordance with the data protection laws of Lithuania and the EU (including the GDPR), which we will always work to comply with:

  • The right to be informed about the collection and use of personal data;
  • The right to access the personal data that we hold about you (see “How can you access your personal data?”);
  • The right to correction if personal data that we have stored about you is inaccurate or incomplete (please contact us using the data provided under “Contacting Us”).
  • The right to be forgotten – i.e. The right to ask us to delete all personal data that we have stored about you;
  • The right to restrict (or prevent) the processing of your personal data in certain circumstances;
  • The right to object to the use of your personal data for a specific purpose or purposes;

 

When making inquiries, note that the requested removal of certain information may mean that we can no longer provide you with all or certain parts of the services.

 

If you have a complaint about the use of your personal data, please contact us using the information in the “Contact Us” section. We will do our best to solve the problem for you.

INFORMATION WE CAN COLLECT

When you visit, browse, or use the Services, we may collect certain information from you. Some of this information may be personal information and some of the information may be anonymous information. We use your data in accordance with the provisions of this Privacy Notice.

Your app.impletor.com account and your transaction data

If you create an app.impletor.com account or use the services, others, including impletor.com, can identify you. In order to open an app.impletor.com account or use the services, you may have to provide us with some or all of the following personal data: email address and password.

We collect and store the transaction data in relation to your web space account,

e.g. Registration information, registration attempts and payment status.

We do not save:

 

  • User passwords (we only store PBKDF2 hashes of passwords for comparison when trying to log in);
  • Full payment card numbers (these are saved by our payment service provider “PayPal”).

 

If you choose to send us an email or letter in any other way, we may also collect information about you from the content of your letter, email, or transmission.

Your content (private use)

As soon as your access to the services has been activated, you can upload content (e.g. music files, images, 3D models) to your app.impletor.com account and publish content and make it available to the public (e.g. publication of the AR- Links on your website, issue of Web A -QR codes). Once entered or uploaded, your content is stored on our secure servers to make your content available as soon as you want to publish it.

Before you enter, upload or publish content in the services, please note the following important points:

Due to the nature of service (the purpose of use), your content can be available to all users who hold the AR trigger (Web AR Link or the Web AR QR code) in their hands, regardless of whether they are known to you or you have been specifically selected to receive this content.

It is not possible to share your content privately, i.e. only to make it accessible to certain selected people. However, you can choose who to share your AR triggers with. Please be careful when posting content that contains or presents personal information about yourself or others, e.g. audio or photos of other people/ friends.

We strongly recommend that you selectively choose which personal information to include in your content. Under no circumstances should you provide the following personal information to impletor.com and app.impletor.com: telephone numbers, addresses, full names, location information or other sensitive personal information.

Please also make sure that your content uploads comply with our Code of Conduct (see Section 11 of the Terms of Service).

If you enter or upload information about/from someone other than yourself (e.g., a photo of a friend or colleague), you must first obtain their permission.

Even if you remove content that you have published via impletor.com and app.impletor.com, copies may remain cached or stored on another person’s device (e.g. cache of the browser) and can therefore still be displayed.

It is also important to note that you and not impletor.com are responsible for the uploaded content, and that you and not impletor.com are responsible for reviewing your uploaded content. If your content contains personal information, impletor.com only acts as a data processor for the purpose of the European General Data Protection Regulation (GDPR) and not as a data controller.

Information from external sources

From time to time, we may use the services of other companies to carry out certain tasks in connection with the services of impletor.com. This can include, for example, payment processing, storage and provision of content, advertising and marketing, as well as analyzes. These companies may send us certain personal information that concerns you. We may also collect information about you from publicly available sources, such as the Internet and social networks, including through public or licensed APIs. If we collect such information from third parties, we will only use this information in accordance with this privacy policy. These companies can also collect personal data directly from you. In this case, this company is the data controller of the information provided by you, and not web address space (e.g. your credit card details). You may want to review their privacy policies to find out how they use your information.

Payment processing

Impletor.com uses the payment solution provided by PayPal (https://paypal.com/) to be able to accept payments for the use of impletor.com and app.impletor.com. The payment solution from PayPal is integrated in our system and works as follows: Upon your payment request, you will be forwarded to a website operated by PayPal, where you can leave your required payment details. If you submit the form on the PayPal website, the payment details and other data will be sent directly to PayPal. This method prevents your confidential data from ever being on our servers.

LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

The legal basis for the collection and use of your personal data depends on the personal data concerned and the specific context in which we collect them. However, we normally only collect personal data from you if (a) we need the personal data to conclude a contract with you; (b) the processing is in our legitimate interest and does not displace any of your rights; (c) we are legally obliged to process your personal data; or (d) we have your consent to this (e.g. you have agreed (opt-in) to receive our newsletter).

The “fulfillment of the contract” of the impletor.com terms of use serves as the legal basis for the processing of your personal data if we provide you with the impletor.com and app.impletor.com service or provide customer support.

We process your personal data on the basis of our “legitimate interests”, e.g. B. if we provide you with the services, keep the services safe for technical purposes, analyze the user behavior in the services, provide customer support, and improve and further develop the service of impletor.com and app.impletor.com.

We are “legally obliged” to process your personal data if we comply with a legal obligation, e.g. B. Prevention of crime or fraud. Our obligation of the European General Data Protection Regulation (GDPR) to protect your personal data may also be subject to this.

If you have any questions about the legal basis for the collection and use of your personal data, please contact us using the contact information in the “Contact Us” section.

HOW DOES IMPLETOR.COM USE YOUR DATA?

Purpose Legal basis for the processing of personal data
To provide you with the full functionality of the impletor.com and app.impletor.com service. Fulfillment of contract – If you do not provide the requested personal data, we cannot identify you as an authorized user.
To upload, enter, change, edit and publish your content. Fulfillment of contract – If you do not provide the requested personal data, we cannot identify you as an authorized user and carry out the requested actions.
Provision of personalized content and communications that you would like to receive from impletor.com in relation to the services of impletor.com and app.impletor.com Legitimate interests – marketing; Provision of the services of impletor.com and execution of the actions requested by you.
Providing promotional emails, newsletters and other messages relating to the services of impletor.com, including communication by third parties. Legitimate interests – marketing; Provision of the services of impletor.com and execution of the actions requested by you.
Distribution of advertising and promotional materials from impletor.com and app.impletor.com to users of impletor.com. Legitimate interests – marketing and advertising for the services of impletor.com and app.impletor.com.
To provide customer service related to your use of the service, e.g. service updates, responding to service requests. Fulfillment of contract or legitimate interests – If no contract is in force, the “legitimate interest” offers customer support and product support
Generally to manage, support, analyze, improve, and develop the services of impletor.com and app.impletor.com Legitimate interests – provision of the services, operation and improvement of the services of impletor.com and app.impletor.com.

To understand how users behave in our system and derive improvement strategies from them.

Detect and prevent fraud

in case of security or technical problems.

Legal obligation, e.g. Compliance with the data protection law.

Our legitimate interest in keeping our platform secure.

For the enforcement of the terms of use of impletor.com and for handling complaints, legal claims or legal proceedings in connection with the services of impletor.com and app.impletor.com. To exercise, implement, or defend our rights, or to protect your material interests, or those of other people.

MARKETING COMMUNICATION

We would like to send you information about impletor.com services that may be of interest to you. This may include marketing communications on social media platforms you use (including Facebook). If at any time you decide that you no longer wish to be contacted for this purpose, you can unsubscribe by either unsubscribing from the receipt of information in the message we have received or by telling us and we will promptly contact you Remove mailing list. Please note that it is not possible to deactivate emails necessary for the impletor.com and app.impletor.com service.

WHERE IS YOUR DATA PROCESSED?

Your personal data can be transferred to and processed in countries other than the country in which you live. These countries may have data protection laws that are different from the laws of your country.

We can commission other companies to process data on our behalf. For example, we may hire third parties to provide payment services, host the services, manage email on our behalf, or provide analytics services. We continue to act as the data controller with regard to the personal data that are transferred to such third party providers and remain responsible for the processing they undertake.

 

Below is a list of companies that are currently processing data related to the services on our behalf:

Name Processing purpose(s) Data Storage Location
PayPal Payments for app.impletor.com;
Subscription management for app.impletor.com
May store data within the EU and in other countries worldwide.
Google Analytics services worldwide

TRANSFERS OUTSIDE OF EUROPE

If you use the impletor.com services outside the European Economic Area (EEA), your personal data may possibly be transferred to countries outside the EEA.

This could happen in the following circumstances:

– If one of our third party providers is located outside the EEA (see table above).

– If you use the impletor.com services. The impletor.com services can be used internationally. This means that all personal data contained in your content (e.g. a photo) that you publish on impletor.com and app.impletor.com (e.g. publication of the AR links on your website, output of the Web AR QR codes) by our servers can be automatically transferred to a smartphone, a server or other computer devices that are used in a country outside the EEA.

 

Countries outside the EEA may not have similar data protection laws to the European General Data Protection Regulation (“GDPR”) and the Lithuanian Data Protection Act. If we transfer your personal data outside the EEA (e.g. to a data processor outside the EEA), we will take all reasonable steps to ensure that your personal data is adequately protected by: (a) using only processors, that meet the requirements of EU data protection laws; (b) use only processors who use the European Commission’s standard contractual clauses; and (c) (in the case of transfers to the United States) only use processors that are certified under the EU-US Privacy Shield.

By using the impletor.com and app.impletor.com services, you expressly agree to the international broadcasts mentioned in this section.

WHEN COULD IMPLETOR.COM SHARE YOUR INFORMATION WITH OTHERS?

We can share your information with the following types of recipients:

 

  • Users to whom you provide Web AR-Links Web AR-QR Codes.
  • Social media services with which you share your information;
  • Third parties whose processing is necessary for the provision of the impletor.com services, including but not limited to our payment service provider and our server provider;
  • other companies that we have commissioned to provide services on our behalf, e.g. Provider of analysis and customer relationship management tools;
  • Third parties where we believe disclosure is necessary to protect rights, property, users and the public. This can include fraud protection and spam prevention;
  • any person where we believe disclosure is necessary so that we can enforce our rights under this privacy policy or the terms of use of impletor.com services or defend legal claims in relation to impletor.com;
  • potential buyers of impletor.com, its parent company or the services (see below); and
  • other external parties (e.g. judicial, government or regulatory agencies) to comply with the law and our legal obligations.

 

Under no circumstances we sell, trade or rent your personal data to any third parties.

CHANGES OF BUSINESS OWNERS AND CHANGES OF CONTROL

Impletor.com may choose to expand or reduce our business, and this may include the sale and/or transfer of management through impletor.com or the services in whole or in part. Information provided by users, insofar as it is relevant to part of our business so transferred, is transferred together with that part as one of the transferred assets. The new owner or party may use your information in accordance with the terms of this privacy notice for the purposes for which it was originally provided to us.

LINK TO NON-IMPLEOR.COM SERVICES

The services may contain links to resources, websites, microsites and other online services that are operated by third parties, i.e. companies other than impletor.com. We do not control the services of third parties and are in no way responsible for their content or information collection practices. This Privacy Notice does NOT extend to your use of third party services.

HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

Data security is of great importance for impletor.com. We have taken economically reasonable physical, electronic and administrative security measures to protect your personal data from access by unauthorized persons and from unlawful processing, accidental loss, destruction and damage. In particular, we use the following measures:

 

  • The information you send us is protected by SSL/TLS end-to-end encryption when it is transferred from your device to our servers.
  • Information stored on our servers is protected by access controls, key authentication and firewalls. We use encryption as an additional security measure if we consider it appropriate. Currently, content uploaded to the services for editing and publishing is not encrypted when idle.
  • Your data is only accessed by authorized employees. These employees are obliged to maintain the confidentiality of all information that they become aware of, unless the disclosure is required by law or required to fulfill obligations.
  • Your app.impletor.com account is protected by access authentication. We use cookies to check whether the person accessing an account is authorized to do so. Passwords are saved using the hashing technique.

 

Despite these measures, you should be aware that we cannot completely eliminate security risks related to the online transfer of personal data. No method of transmission over the Internet or electronic storage is 100% secure. Therefore we cannot guarantee absolute security.

HOW LONG DO WE STORE YOUR PERSONAL DATA?

We will keep your personal data for the duration of your use of the services of impletor.com and for a reasonable period thereafter for backup, archiving and/or verification purposes or for as long as the law stipulates otherwise. In particular, we are obliged under EU law to keep your IP address and billing address for 10 years in order to confirm compliance with the VAT rules. If we archive your content after deactivating your app.impletor.com account, we reserve the right to delete this content at any time afterwards.

HOW CAN YOU ACCESS YOUR PERSONAL DATA?

You have the right to request a copy of the personal data we have stored about you (provided that this data is actually stored by us and we can identify who you are). Usually we will provide you with copies free of charge upon request. However, we reserve the right to charge a reasonable fee for requests that are obviously unfounded or excessive, particularly if they are repeated or if additional copies of the same information are concerned.

We will ask you to provide adequate proof of your identity before we disclose any information to you.

COOKIES, ANALYTICS AND SIMILAR TECHNOLOGIES

On our separate page on cookies you will find information on how the services use cookies, analysis and similar technologies.

If our use of cookies includes the processing of personal data, the legal basis for this is in our legitimate interest, for example to help us to offer you a good experience when using the services (including their security) and to improve the services, by understanding how to use them.

CHANGES TO OUR PRIVACY POLICY

Our services, the collection and use of personal data and other information, as well as the applicable laws and regulations will change over time. We reserve the right to make changes to this privacy policy. If we update the Privacy Notice, we will publish the new version on the impletor.com website and change the date of the last update. If such changes to the privacy policy are material, we can send you a separate notification. We encourage you to visit this page from time to time for the latest information.

Contact to impletor.com

If you have any questions about the services or this Privacy Notice from impletor.com, please contact us by email or post. You can find the contact details below. Please ensure that your request is clear, especially if it is a request for information about the personal data that we have stored about you.

Postal address: data protection, Impletor MB, Antakalnio g.  , LT –    Vilnius, Lithuania

Email: info@impletor.com

APPLICABLE LAW

Regardless of the country in which you live or submit information from the law applicable to this Privacy Notice, Lithuanian law applies.

III. Impletor.com Data Processing Addendum

Last updated: November 11, 2020

 

This addendum to the Data Processing Addendum ( “DPA” ) supplements and is part of the impletor.com user agreement for users from business and education. Capitalized terms that are used in this privacy policy but are not defined are defined in the user agreement.

 

PART 1: INTRODUCTION

Purpose

The DPAstipulates the conditions that apply if personal data is processed by impletor.com on behalf of an account holder as part of the services, if the account holder acts as a data controller within the meaning of the data protection laws or regulations of Lithuania or the EU, including the European General Data Protection Regulation (GDPR) (collectively the “Data Protection Laws”). It applies only to the extent required by law and entered into force on May 25, 2018.

Effect of the DPA

If a provision of the DPA contradicts a provision of the user agreement, this DPA has priority. The user agreement remains in full force and unchanged, unless it is changed by this DPA. This DPA ends automatically when the user agreement expires or ends.

Acceptance

If the user is a contracting party to an effective user agreement, this Data Processing Addendum automatically becomes effective between the parties. At the request of the account holder, the parties can also conclude a printed version of this Privacy Notice, which is physically signed by or on behalf of both parties. The parties can also enter into an individually negotiated data processing agreement by mutual agreement, provided that this agreement meets the minimum requirements set out in data protection laws.

Defined terms

regarding this order processing contract:

  • The terms “controller”, “data subject”, “processor”, “personal data breach” and “processing” have the same meaning as in Article 4 of the GDPR and
  • “Personal data” is all user content of the account holder that is or contains information that relates to an identified or identifiable natural person, provided that this information is protected as personal data in accordance with data protection laws. This does not include personal data for which impletor.com is the sole data controller within the meaning of data protection laws.

PART 2: DETAILS OF PROCESSING

Details of the role of impletor.com as a processor of personal data are:

Subject of the processing of personal data:

The provision of the services by impletor.com for the account holder and his authorized users.

Duration of processing personal data:

During the term of the user agreement and the time between the expiry of the user agreement and the deletion of all personal data contained in user content by impletor.com.

Type and purpose of processing personal data:

So that the account holder and authorized users of impletor.com can receive and provide the services of impletor.com and app.impletor.com, including the publication, hosting and provision of user content on the entire technology platform of impletor.com.

Categories of personal data:

In general, this can consist of identifying information and organizational data of the customers and end users of the account holder as well as personal data of the data subjects contained in user content, such as images, videos, voices; including other categories agreed by the parties and recorded in writing. It is confirmed that impletor.com does not in any way allow the services of impletor.com and app.impletor.com to be used to process one of the “special categories of personal data” mentioned in Article 9 (1) of the GDPR.

Categories of data subjects:

If user content contains personal data, it may affect end users, customers, employees, business contacts, members of the public and other persons of the account holder, they must have agreed that their personal data, which data is contained in the user content of the account holder.

PART 3: DATA PROCESSING CONDITIONS

1. The roles of the parties

If impletor.com processes personal data as part of the provision of the services, this is only done as a processor who acts on behalf of the account holder (as data controller) and in accordance with the requirements of this DPA.

2. Scope of processing

Impletor.com undertakes to process the personal data only on the documented instructions of the account holder, also with regard to the transfer of personal data to a third country or an international organization, unless impletor.com is according to EU or obliged to do so under national law; In this case, impletor.com informs the account holder of these legal requirements before processing, unless this law prohibits such information for important reasons of public interest. For the purposes of this clause, the services requested by the account holder or his authorized users and the resulting processing are accepted as documented instructions to impletor.com.

Impletor.com will immediately inform the account holder if, in the opinion of impletor.com, instructions from the account holder or on behalf of the account holder would violate the GDPR or other data protection regulations of the European Union or the member states.

3. Obligations of the account holder

The account holder as the data controller is responsible for:

(a) has complied with and continues to comply with all applicable data protection and privacy laws, including data protection laws; and (b) he also has the right to transfer or access the personal data to impletor.com and app.impletor.com for processing in accordance with the provisions of the user agreement and this DPA.

The account holder bears sole responsibility for the correctness, quality and legality of the personal data, as well as for the way in which the account holder acquired the personal data.

4. Confidentiality

Impletor.com ensures that persons who have been authorized by impletor.com and app.impletor.com to process personal data have committed themselves to confidentiality or are subject to an appropriate legal obligation to maintain confidentiality.

5. Security

Impletor.com must take and maintain suitable technical and organizational measures to protect personal data during the entire term of this DPA in accordance with the requirements of Article 32 of the GDPR.

6. Rights of the data subjects

If possible, impletor.com declares that the account holder, in order to fulfill the obligations of the account holder to answer inquiries from data subjects and to exercise their rights set out in Chapter III of the GDPR, adequate support through suitable technical and organizational measures to be granted insofar as the costs are borne by the account holder. If an inquiry is sent directly to impletor.com, impletor.com must inform the account holder immediately.

7. Other support

Impletor.com will notify the account holder immediately after impletor.com has become aware of a personal data breach if it concerns personal data that are the subject of this DPA.

Impletor.com provides the account holder with adequate support in complying with the obligations under Articles 32 to 36 of the GDPR, taking into account the processing of the information available to impletor.com. The account holder bears the costs.

8. Deletion / return of personal data

After the expiration or termination of the user agreement, the account holder has the choice that impletor.com returns or deletes all relevant personal data and also deletes all existing copies of personal data, unless impletor.com is legally obliged to do so some or to save all personal data.

9. Examination rights

Impletor.com will provide the account holder with all information that is reasonable to demonstrate compliance with the obligations set out in Article 28 of the GDPR. While the parties typically intend to rely on the provision of documents confirming impletor.com and app.impletor.com compliance with this DPA, impletor.com allows the account holder (or his appointed external auditor who is not a competitor of impletor.com), an examination of the processing of personal data by impletor.com, in compliance with the user agreement, including a subsequent personal data breach by impletor.com, or on the instruction of a data protection authority. The account holder must inform impletor.com in good time of such an intention to check, this check must take place during normal business hours and take all reasonable measures to avoid unnecessary malfunctions of impletor.com. Such a check is subject to the security and confidentiality provisions and guidelines of impletor.com. The account holder compensates impletor.com for any costs incurred for such a check, at the fees offered by impletor.com. These can be made available to account holders on request. The exam fees take into account the resources (or expenditures) used by impletor.com and are agreed by the parties, if possible, before the start of the exam. If impletor.com refuses to follow the instructions regarding checking requested by the account holder, the account holder is entitled to terminate these DPAand the user agreement.

10. Use of sub-processors

The account holder agrees that impletor.com commissions sub-processors from third parties (collectively “sub-processors”) to process the personal data on behalf of the account holder. Impletor.com imposes obligations on each sub-processor to protect the personal data in accordance with the same or essentially similar standard that is provided in this GCU, and continues to be liable for violations of the GCU by a sub-processor caused. Impletor.com may add or change the sub-processors through appropriate notice. If the account holder objects to a proposed change for reasonable reasons (e.g. if the provision of personal data for the subcontractor violates applicable data protection laws or weakens the protection of personal data), he must submit impletor.com within 14 calendar days, notify after the date of notification by impletor.com. This notice must provide a reasonable opportunity to object. Upon receipt of the account holder’s notification, the parties will do their best to find an alternative solution. If the parties are unable to find a mutually acceptable alternative solution within a reasonable period of 30 calendar days or less and impletor.com is unable to continue providing the services to the account holder without using the contested solution, the parties must be able to terminate the user agreement at any time by giving written notice to the other party.

11. Amendment

Impletor.com can update or change this DPA at any time, in whole or in part, by publishing a new version on impletor.com, provided the updated DPA continues to meet the minimum requirements set out in data protection laws. If impletor.com makes changes, the date of the last update will be replaced by the date of the latest version.

12. Applicable law

This DPA is subject to the laws of Lithuania and is interpreted in every respect in accordance with them.

IV. Impletor.com User Agreement

Last update: November 11, 2020

SUBSCRIPTIONS – PRIVATE USE

Provided that you meet our conditions of participation, register an account with us, use the free plan, or pay a subscription, Impletor.com grants you (“impletor.com and app.impletor.com”, “we” or “us” ) a personal, non-exclusive, non-transferable and limited right to access and use impletor.com and app.impletor.com during the subscription period, in accordance with the terms of this user agreement and our general terms of use for impletor.com (the “Terms of Use” ) contained conditions.

 

Please also take the time to read the following all important points of the overall document that relate to the use of impletor.com and app.impletor.com.

They are referred to below as “Impletor.com guidelines”.

 

PLEASE READ THIS USER AGREEMENT AND THE IMPLETOR.COM GUIDELINES CAREFULLY BEFORE REGISTERING, ACCESSING AND/OR USING IMPLETOR.COM/APP.IMPLETOR.COM.

IMPLETOR.COM AND ALL ITS ELEMENTS ARE PROTECTED BY COPYRIGHTS, BRAND RIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. ANY SOFTWARE PROVIDED WITH IMPLETOR.COM IS LICENSED TO YOU ONLY FOR USE UNDER THIS USER AGREEMENT DURING THE SUBSCRIPTION TERMS. NOT SOLD TO YOU.

BY REGISTERING WITH IMPLETOR.COM AND APP.IMPLETOR.COM, ACCESSING OR OTHERWISE USING IMPLETOR.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO THIS USER AGREEMENT, YOU MAY NOT USE IMPLETOR.COM AND APP.IMPLETOR.COM. THIS USER AGREEMENT PROVIDES A LEGAL AGREEMENT BETWEEN YOU AND IMPLETOR.COM (small partnership company) FOR THE PROVISION OF IMPLETOR.COM DAR. THIS USER AGREEMENT REPLACES AND REPLACES ANY PREVIOUS, AGREEMENTS OR RELATIONSHIPS THAT YOU MAY HAVE WITH IMPLETOR.COM IN RELATION TO IMPLETOR.COM.

Summary of Terms of use

Some of the most important terms of use that apply to your use of impletor.com and app.impletor.com are summarized below. The summary does not purport to be exhaustive and does not replace reading the full version of the terms of use and the impletor.com guidelines.

1. Defined terms

All terms used in this user agreement have the meaning given in the terms of use, unless otherwise defined here.

2. Data protection and cookies

If you register to use impletor.com and app.impletor.com, we may collect personal data from you, e.g. Name, email address and payment details. This information is used to set up your user account, to manage your subscription and to grant you access to the features and functions of impletor.com and app.impletor.com. Impletor.com also uses cookies and similar technologies so that the services function properly and can be analyzed. Further information on how impletor.com uses your personal data and cookies can be found in the Privacy Notice and the cookie notice published on the impletor.com website.

3. Restrictions on use and user content

Your use of impletor.com must be within the framework of the access conditions set out in section 6.1 of the terms of use and subject to the restrictions set out in section 6.3 of the terms of use. Your use of impletor.com is also subject to a fair use policy, which you can find in section 13 of the terms of use. Private users may not use impletor.com for commercial, commercial or professional purposes.

With impletor.com and app.impletor.com, users can link their content with AR triggers (Web AR links or Web AR QR codes). This means that the content associated with an AR trigger is publicly available for viewing by all users who have the AR trigger. We therefore request all users of impletor.com to comply with the rules for the submission of content set out in sections 9, 10 and 11 of the terms of use.

4. Duration

Your impletor.com subscription for private use will continue until one of us terminates your subscription prematurely, as provided in section 15 of the terms of use.

Private users can cancel their subscription at any time. In accordance with our Refund Policy, home users who cancel their plan will not receive a refund of the fees paid. This does not affect your statutory rights as a consumer (see below).

5. Payment

You agree to pay us the applicable fees for your use of impletor.com and app.impletor.com,  and that we debit your credit, debit or other means of payment when payment is due.

6. DISCLAIMER, DISCLAIMER AND LIMITATION.

YOUR USE OF IMPLETOR.COM IS SUBJECT TO CERTAIN SERVICE DISCLAIMERS, INCLUDED IN SECTION 21 OF THE TERMS OF USE.

THE TERMS OF USE ALSO CONTAIN PROVISIONS THAT EXCLUDE OUR LIABILITY FOR CERTAIN TYPES OF ECONOMIC OR RESULTING LOSSES, AND LIMIT OUR OVERALL LIABILITY FOR USERS OF IMPLETOR.COM SERVICES. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE INCLUDED IN SECTION 23 OF THE TERMS OF USE.

YOUR LEGAL RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THE ABOVE AND MAKE CARE OF THE FOLLOWING NOTES:

ONLINE SERVICES

You can ask us to repeat or improve impletor.com services if they have not been carried out with reasonable care and expertise, or to get money back if we cannot repeat or improve them.

If no price has been agreed in advance, we have to offer a reasonable price.

If a time has not been agreed in advance, the service must be carried out within a reasonable time.

7. Applicable law and choice of jurisdictio

Section 25 of the Terms of Use contains information on the law and case law governing your use of impletor.com.

8. Contact details

Impletor.com is owned and operated by small partnership company registered in Lithuania (company register number 305638732). You can find our contact details below in the section “Contacting us”. If you have any questions or complaints about impletor.com, you can also contact us at the following addresses:

Postal address: Impletor MB, Antakalnio g.   , LT-    Vilnius, Lithuania

Email: info@impletor.com

SUBSCRIPTION – COMMERCIAL USE

This user agreement applies to natural and legal persons who use impletor.com commercially.

Provided that you meet our conditions of participation, register an account with us, use the free plan, or pay a subscription, impletor.com grants you (“impletor.com and app.impletor.com”, “we” or “us” ) a personal, non-exclusive, non-transferable and limited right of access and use of impletor.com and app.impletor.com, by you or your authorized users, during the subscription period, in accordance with this User Agreement, or the General Terms of Use for impletor.com, the terms contained therein (the “Terms of Use”) and the Data Processing Addendum (DPA) which have been incorporated into this user agreement and are part of this user agreement.

Please also take the time to read the following all important points of the overall document that relate to the use of Impletor.com.

They are referred to below as “Impletor.com guidelines”.

PLEASE READ THIS USER AGREEMENT AND THE IMPLETOR.COM GUIDELINES CAREFULLY BEFORE REGISTERING, ACCESSING AND / OR USING IMPLETOR.COM.

IMPLETOR.COM AND ALL ITS ELEMENTS ARE PROTECTED BY COPYRIGHTS, BRAND RIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. ANY SOFTWARE PROVIDED WITH IMPLETOR.COM IS LICENSED TO YOU ONLY FOR USE UNDER THIS USER AGREEMENT DURING THE SUBSCRIPTION TERMS. NOT SOLD TO YOU.

BY REGISTERING WITH IMPLETOR.COM AND APP.IMPLETOR.COM, ACCESSING OR OTHERWISE USING IMPLETOR.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO THIS USER AGREEMENT, YOU MAY NOT USE IMPLETOR.COM AND APP.IMPLETOR.COM. THIS USER AGREEMENT PROVIDES A LEGAL AGREEMENT BETWEEN YOU AND IMPLETOR.COM (small partnership company) FOR THE PROVISION OF IMPLETOR.COM DAR. THIS USER AGREEMENT REPLACES AND REPLACES ANY PREVIOUS, AGREEMENTS OR RELATIONSHIPS THAT YOU MAY HAVE WITH IMPLETOR.COM IN RELATION TO IMPLETOR.COM.

 

Summary of terms of use

Some of the most important terms of use that apply to your use of impletor.com and app.impletor.com are summarized below. The summary does not purport to be exhaustive and does not replace reading the full version of the terms of use and the Impletor.com guidelines.

1. Defined terms

All terms used in this user agreement have the meaning given in the terms of use, unless otherwise defined here.

2. Data protection and cookies

If you register to use impletor.com and app.impletor.com, we may collect personal data from you, e.g. Name, email address and payment details. This information is used to set up your user account, to manage your subscription and to grant you access to the features and functions of impletor.com and app.impletor.com. Impletor.com also uses cookies and similar technologies so that the services function properly and can be analyzed. Further information on how impletor.com uses your personal data and cookies can be found in the Privacy Notice and the cookie notice published on the impletor.com website.

3. Registrations and authorized users

Each subscription for commercial purposes purchased in your app.impletor.com account allows a person of your choice (authorized user) to access the impletor.com services.

With regard to you and your authorized users, you agree to:

  • Your authorized users will comply with the terms of use at all times during the subscription period.
  • You must not allow a login to be used by more than one authorized user unless it has been fully assigned to another authorized user. In this case, the previous authorized user no longer has the right to access or use impletor.com and app.impletor.com with this login;
  • Each authorized user will keep a secure password for using impletor.com and app.impletor.com, and each authorized user will keep their password confidential and
  • You authorize impletor.com and app.impletor.com to review and monitor all usage of impletor.com through your app.impletor.com account to determine compliance with this User Agreement, and you agree to pay us the applicable fees for your use of impletor.com, and that we charge your credit, debit or other means of payment when payment is due.
  • You will make every reasonable effort to prevent unauthorized access to or use of impletor.com through your app.impletor.com account. If you become aware of such unauthorized access or use, you must notify us immediately.

In the case of corporations, the rights provided for in this user agreement are only granted to the registered company and do not apply to subsidiaries, holding companies or affiliated companies of the registered registered company.

4. Restrictions on use and user content

Your use of impletor.com and app.impletor.com must be within the framework of the access conditions set out in section 6.1 of the terms of use and subject to the restrictions set out in section 6.3 of the terms of use. Your use of impletor.com and app.impletor.com is also subject to a fair use policy, which you can find in section 13 of the terms of use.

With impletor.com, users can link their content with AR triggers (Web AR links or QR codes). This means that the content associated with an AR trigger is publicly available for viewing by all users who have the AR trigger. We therefore request all users of impletor.com to comply with the rules for the submission of content set out in sections 9, 10 and 11 of the terms of use.

5. Subscription term

Impletor.com subscriptions remain in effect unless you or Impletor.com terminate the subscription as provided in Section 15 of the Terms of Use. All Impletor.com subscriptions are automatically renewed at the end of the billing period, unless the account holder ends / unsubscribes before the subscription is renewed.

 

6. Payment

You agree to pay us the applicable fees for your use of Impletor.com and app.impletor.com, and that we debit your credit, debit or other means of payment when payment is due.

7. DISCLAIMER, DISCLAIMER AND LIMITATION OF LIABILITY

YOUR USE OF IMPLETOR.COM AND APP.IMPLETOR.COM IS SUBJECT TO CERTAIN SERVICE DISCLAIMERS, INCLUDED IN SECTION 21 OF THE TERMS OF USE.

THE TERMS OF USE ALSO CONTAIN PROVISIONS THAT EXCLUDE OUR LIABILITY FOR CERTAIN TYPES OF ECONOMIC OR RESULTING LOSSES, AND LIMIT OUR OVERALL LIABILITY FOR USERS OF IMPLETOR.COM SERVICES. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE INCLUDED IN SECTION 23 OF THE TERMS OF USE.

8. Applicable law and choice of jurisdiction

Section 25 of the Terms of Use contains information on the law and case law governing your use of impletor.com and app.impletor.com.

9. Contact details

Impletor.com is owned and operated by small partnership company registered in Lithuania (company register number 305638732). You can find our contact details below in the section “Contacting us”. If you have any questions or complaints about Impletor.com, you can also contact us at the following addresses:

Postal address: Impletor MB, Antakalnio g.   , LT-    Vilnius, Lithuania

E-mail: info@impletor.com

t

V. Impletor.com Content Policy

Last update: November 11, 2020

INTRODUCTION

Impletor.com is a web augmented reality (Web-AR) platform. This Web-AR platform offers a number of services and functions for publishing (web) augmented reality experiences via a web browser. Contents (e.g. 3D models, sound, animations, pictures) can be uploaded and modified by different functions. This content is published in the form of an augmented reality link.

For our company (“Impletor MB”, “we” or “us”) it is important that Impletor.com is used safely and responsibly. We have therefore published these provisions on user content in order to explain how we deal with allegations that data or content that is published or distributed by our users via Impletor.com (“user content”) violates the rights of third parties. This content policy is relevant for Impletor.com users as well as for rights holders and other third parties who may be affected by the use of Impletor.com by our users.

IMPLETOR.COM RELATIONSHIP WITH RIGHT OWNERS

We would like to draw your attention to the following properties of Impletor.com:

Impletor.com is not the author, publisher, poster or publisher of user content.

When offering the service, Impletor.com merely provides the underlying technology and infrastructure that users can use to create, publish, and make their own user content available by connecting them to AR triggers.

Impletor.com does not participate in any way in the first publication of user content that is made available via Impletor.com, and we do not carry out any editorial, content-related control or review of the user content.

The fact that a certain element of user content is available on our content delivery platform does not mean that Impletor.com approves that user content.

Impletor.com therefore always acts passively as an intermediary and we assume no responsibility for user content that is made available via Impletor.com.

Due to the characteristics of online services, it is possible for people to abuse Impletor.com by providing user content that violates rights. As part of our goal of promoting the safe and responsible use of Impletor.com, Impletor.com asks rights holders and other affected third parties to inform us of any alleged illegal use of Impletor.com, especially data or content that belongs to you.

HOW CAN YOU REPORT ILLEGAL CONTENT?

Impletor.com can only process your complaint if it relates to certain alleged illegal data or content that has been published by a user of Impletor.com and is linked to an AR trigger provided via Impletor.com.

Before submitting a complaint under this User Content Policy, we recommend that you take steps to identify and contact the publisher of the alleged illegal data or content to request that it be discontinued.

If you cannot identify the publisher or if the publisher refuses to remove the user content, you can send us your complaint by email to the following address: info@impletor.com or you can write to us under the following conditions:

Postal address: Impletor MB, Antakalnio g.   , LT –    Vilnius, Lithuania

Please make sure to attach or attach the information below. It is the responsibility of the person submitting the complaint to ensure that the complaint is submitted clearly, correctly, completely and for good reason.

WHAT INFORMATION SHOULD YOU INCLUDE IN YOUR COMPLAINT?

In order for us to respond as quickly as possible, your complaint should contain at least the following information:

  • Your contact details and (if applicable) whether you are acting on behalf of another person;
  • a brief description of the alleged unlawful user content and an explanation of why you claim that the user content is unlawful, illegal or otherwise harmful to your privacy, intellectual property or other rights. If you are accused of defamation, you should explain the statement in question and explain why the statement defamed you.
  • (If known) the name of the person who published the user content, the AR trigger with which the user content was linked, or sufficient other information so that Impletor.com can find the user content in question;
  • (if available) copies of any correspondence you have had with the publisher of the user content;
  • If the complaint concerns an alleged violation of an intellectual property right, such as copyright, or trademark, you should provide evidence that you are the legal owner or owner of these rights, or that you are authorized to act on behalf of the above party.
  • Any other information that you find helpful.

HOW DO WE DEAL WITH COMPLAINTS?

As soon as you have made all of the information above available to Impletor.com, we will investigate your complaint. We will assess complaints based on applicable laws, regulations and codes, as well as our terms of use for Impletor.com. We will process complaints as soon as possible, but reserve the right to ask you for additional information or to seek legal advice.

If a complaint appears to be an infringement or other form of unlawfulness, we will have access to the user content deactivate and/or remove from our systems. We will also remove user content if we have received a court order pursuant to section of the Defamation Criminal Code. User content that has been removed can be saved by us in order to comply with legal obligations.

If an Impletor.com user objects to the actions we take on their user content, they must notify us within seven (7) days. Typically, we will not re-enable access to content that is the subject of a complaint unless the user (publisher) can provide us with a certified and signed license agreement, settlement agreement, or a sealed order from a competent court, in such cases we reserve the right to refuse to return user content to our content delivery platform. We do not have to inform the impletor.com user of any reason for such a rejection.

FINAL PROVISIONS

Impletor.com evaluates complaints under these provisions regarding user content in accordance with Lithuanian law. We reserve the right to review and change these user content terms at any time. Depending on the circumstances of the individual case, we may deviate from certain aspects of the provisions on user content at any time. New versions of the provisions on user content are made available at https://impletor.com/ and https://app.impletor.com/. If a version of the content policy contradicts this version, the new version takes precedence.

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