Terms of use

Version July 2019

Wallary GmbH offers a mobile app that helps you to virtually display digital photos or graphics on the wall with the help of augmented reality and / or to design different layouts from your digital photos or graphics and save them in the app.

Use is subject to these Terms of Use.

The app allows you to upload, save, share and / or visualize any ideas, graphics and photos including third-party content that you use (collectively, „Content“). All rights to the content and the responsibility and liability for all content are yours. Wallary GmbH does not claim ownership of your content.

The Services are registered as a user of the services of wallary GmbH (hereinafter „Wallary“ or „We“) headquartered at Paul-Heyse-Strasse 29, 80336 Munich, Germany, registered in the German Commercial Register under the number HRB 243317, provided.

The content created with wallary will be stored on your device, not on our servers. If you delete your content from the wallary app, remove the wallary app from your device, or lose your device, your content may be lost. If you export content and share it with others, it can be saved elsewhere.

The basic functions of Wallary are (currently) neither registration nor payment required.

We also offer wallary Pro, a paid version that needs to be subscribed to and includes a range of premium services compared to wallary Basic.

The services may only be used by persons over the age of 16.

Please read these terms of use carefully. By using the Services, you agree to these Terms of Use. Your privacy and cookie policy applies to the use of personal information and cookies in connection with the Services.

In addition to these Terms of Use, if the Services include third-party services, are used with third-party services, or are part of third-party services, the Terms of Service, the Notification and Removal Policy, and the Privacy and Cookie Policy the applicable third party. If you use the Services for your employer or any other organization, you agree to the terms and conditions of that organization and assure that you have the appropriate authority. Wallary is not responsible for any third-party services, terms or policies.

Wallary may change these Terms of Use from time to time. The changed terms and conditions apply from the date of publication of the changed terms of use on one or more of the websites and / or mobile applications and / or desktop applications of wallary or from a later date specified in the amended terms of use. Therefore, we recommend that you read the terms of use regularly to be aware of any changes. By continuing to use the Services, you agree to the changed terms of use. In the event of material changes to the Terms of Use, you will be notified in advance either (i) while you use the Services (ii) or by posting a message to the contact information provided by you; or (iii) by posting a message on or several of wallary’s websites and / or mobile applications and / or desktop applications. If you disagree with a change, you can cancel your subscription.

These Terms of Use supersede all prior oral and written offers, terms, communications, agreements and understandings exchanged between you and Wallary.

Pro version payment terms

If you are using a paid subscription, the initial subscription period will be after full payment of the fee.

We may from time to time charge for the Services or change the fees. In such case you will be informed in advance. If you have a subscription with a fixed term at a fixed price, this fixed price will remain valid until the end of the fixed term. If you do not agree with a price change, you must cancel your subscription and stop using the Services after the expiration of the then current subscription term. By continuing to use the Services after the price change has come into effect, you agree to the payment of the changed price. The introduction of fees requires your prior approval and registration.

Depending on the chosen payment method, the payment provider may charge certain additional fees for processing the payment.

You can choose the payment method in Change your account settings for that service.

If payment is unsuccessful (for example due to lack of coverage, expired credit card, changed payment details or similar), Wallary may suspend or discontinue provision of the Services to you. Suspending or discontinuing the provision of services for non-payment may result in your inability to access your account and content.

Upon conclusion and payment of the subscription through the Apple App Store or Google Play Store, the terms of Apple or Google may also apply.

The initial subscription term varies by choice and / or service.

You have the right to withdraw the subscription during the first 14 days of the term, if you have not used the service meanwhile, which represents a waiver of the right of withdrawal.

The subscription will be renewed automatically for the same duration at the end of the chosen term, unless terminated in time (before the last day of the term).

In the event of termination, you may access the Service until the expiration of the paid subscription term. For example: Your monthly subscription will expire on 2.2. and you cancel it on 17.10. You can then continue the service until 2.11. Use.

Termination does not give the right to (partial) reimbursement of subscription fees, unless local mandatory consumer law precludes this.

If your subscription is renewed automatically for more than three months, you have the right to cancel your subscription at any time upon receipt of the renewal, subject to a notice period of one month. In the event of termination in accordance with this provision, you may request a partial refund of the subscription fee. You then pay for the time to notice on the basis of the usual monthly fee for the service concerned.

In the event of termination or unsuccessful payment (for example, due to lack of coverage or expired credit card), your account will be deactivated at the end of the subscription period. You will no longer be able to access your personal information, your address book and any content stored through the Service (s). You can reactivate the subscription in your account by making the required payment within four weeks of deactivation. The subscription will be received again from the reactivation date.

If the subscription is not reactivated within the above deadline, it is possible that content stored on the Service (s) and your data, including personal content, settings, address books, and files transferred to you, may be irrevocably or partially deleted from our servers become.

If you purchase a subscription through the Apple App Store, Apple’s terms and conditions may be applicable instead of the terms in these Terms of Use for the term and cancellation of the subscription.

If you need help on how to cancel your subscription please go to: https://support.apple.com/en-us/HT202039

Content, permissions and responsibility

wallary does not claim ownership of the content you create, use, store or share using the Services, and you are solely responsible for such content. They are also solely responsible for being shared with the right recipients. For damage in connection with the content, the person who creates, uses, stores and / or shares the content in question is solely liable.

By using the Services, you acknowledge, for all Content created, used, stored or shared by you through the Services, the necessary authorizations (including the copyright or other intellectual property rights) to distribute, sublicense, transfer, store and online Publish content as part of the Services.

In no event will Wallary be liable to you or to any third party for any damages in connection with any content created, used, stored or shared by you through the Services, including copyrighted works and trademarks.

Wallary requires a license to your content for the sole purpose of operating, enabling and enhancing the Services, as well as developing new services. By using the Services, You are granting us an unlimited, nonexclusive, worldwide, royalty-free, sub-licensable, transferable and assignable license to use, host, store, scan, sort, index, reproduce, distribute, publish, publicly display, distribute and edit (including Scaling, trimming, fitting, translation and previewing) content until you delete the content from the Services.

Wallary does not provide any public search function, Ü overview or list for finding content.

By using the services, wallary can show you advertisements by wallary selected advertisers and artists (for example, videos)

For more information on the use of personal information and cookies (including for performance-based marketing), see our Privacy and Cookie Policy.

restrictions

Wallary respects your rights and expects you to respect the rights of others, including the rights of Wallary, the artists and advertisers of Wallary and others. Rights to be respected include, but are not limited to, personal rights, protection against industrial espionage, the preservation of trade secrets and intellectual property rights such as copyright and trademark rights, trade names and logos. You hereby declare that you will not use the Services to cause, promote or facilitate unlawful acts or crimes or violate these Terms of Use, nor to assist or encourage others to do so.

As a condition of using the Services, you agree not to create, use, store or share any Content,

contain images of child sexual abuse,

who are obscene, defamatory, offensive, offensive, discriminatory, threatening, abusive, harassing, lewd, vulgar or unlawful,

to propagate racism, violence or hatred,

which are factually wrong, incorrect, misleading or fraudulent,

where you have no rights

which attack, violate or misappropriate the intellectual property rights, personal rights, including data protection rights, or any other right of third parties,

violate or affect any applicable law or regulation and / or

they are hate speech, whether directed to individuals or to a group, and based on race, gender, belief, national origin, religious affiliation, sexual orientation, language, or any other characteristic of the individual or refer to the group.

In addition, you assure

to insult, harass, persecute, intimidate, threaten or slander anyone, to commit no acts of violence or other crimes, and not to encourage others to do so;

not pretending to be another natural or legal person or misrepresenting your connection with such a person,

not gain access to non-public areas of the services,

have no influence on access or usage restrictions,

not use any data mining or similar methods to collect and extract data or to otherwise collect information about the users of the Services;

not to send viruses, malware, ransomware, junk mail, spam messages, chain letters, phishing messages or unsolicited messages or advertisements of any kind and for what purpose,

not to interfere with, damage or disturb the Services and to refrain from any action that might cause it,

not attempting to explore, investigate, or investigate the vulnerability of the Services or any related service, system, or network, or to bypass security or identification measures, unless you act in accordance with our policy of responsibly disclosing security vulnerabilities;

not to use automated procedures to access or use the Services without permission,

to reverse engineer or decompile the Services, in whole or in part,

resell, sublicense, lend, rent, offer or otherwise market the Services without our consent,

to give others no access to your account.

Violation of the Terms and Conditions

Should Wallary, at its sole discretion or on reasonable and reasonable grounds, find that you violate these Terms of Use or violate any applicable law or regulation, Wallary reserves the right to investigate any content and / or account without prior notice and liability to third parties to provide (temporarily) block and / or irrevocably delete from its servers or to deny any person access to any part of the Services.

Intellectual property rights

All intellectual property rights and / or similar rights in the Services (including software, wallpapers, unsplash content, photos, graphic design, typeface, images, logos, trademarks, trade names, domain names, copyrights and patents) belong to Wallary and / or its licensors and You may not use, remove, modify, copy, reproduce, distribute, decompile or reverse engineer any part of it in any way.

Wallary takes over t no responsibility or liability for third-party content published within the Services, links to advertising on external websites or content, products or services offered on external websites. You acknowledge and agree that any use outside the Services is at your own risk.

You must always respect and respect Wallary’s good name and reputation, and ensure that the rights and / or good name and reputation of Wallary and its licensors are in no way affected by your use of the Services

Disclaimer and account registration

Wallary provides the Services in its present condition and without any warranty. Without limiting the above, wallary expressly disclaims any warranties of merchantability, fitness for a particular purpose and the rights of third parties. Wallary does not warrant that the Services will be free of interference, secure or error free. You use the services at your own risk. You acknowledge and agree that wallary will not be responsible for any damage you or any third party may incur as a result of using the Services on a computer system or mobile device, or for any failure to store, transmit or delete any file through the Services or be held liable for the damage or loss of any data, information or content contained in a file.

Wallary may, from time to time, modify, terminate or extend its Services and reserves the right, at its sole discretion, to make limited access to or elimination of any feature or function of the Services.

Liability and Indemnification

You are required to notify Wallary (including its employees and affiliates) of all claims, incidents, liability, litigation, damages, losses, and expenses (including legal and accounting expenses) arising out of your access to or use of the Services Use or otherwise make any use of the Content, including any claims asserted by third parties, that harms or violates the rights of third parties by you or by using your account through the Services created, used, stored or shared content harmless and harmless ,

The services may enable integration with third-party services. You acknowledge that (i) Wallary is not responsible for the acts or omissions of such third party services, (ii) Wallary does not act on behalf of such third party services and (iii) your use of such services is governed by the terms and conditions between you and the provider of the Services ,

Wallary is not liable for any damage or injury resulting from the use of the Services, including (temporarily) unavailability or (accidental) deletion of your Content or Account. The disclaimers in this section do not apply to damage caused by intent or gross negligence on the part of Wallary. Should Wallary be liable for damages under mandatory law, Wallary’s total liability to you for any claims arising out of or in connection with the use of the Services will in any event never exceed one hundred Euro (€ 100) per claim.

Disclaimer, severability clause and assignment of rights

If Wallary does not enforce a provision, that is not a waiver of the right to enforce it at a later date.

If any provision of these Terms of Use is or becomes wholly or partially ineffective, unlawful, or unenforceable, that condition shall be deemed to have been modified, to the minimum extent, to be effective, valid and enforceable. If such a change is not possible, the provision in question will be deemed to have been canceled. In the event of a change or cancellation of a provision or part of a provision, the validity and enforceability of the remaining terms of use remain unaffected.

If any provision of these Terms of Use proves to be (partially) unlawful, unenforceable or otherwise invalid, then (i) the remainder of the Terms of Use shall be legally permissible or, to the fullest extent permitted by applicable law, in force and (ii) the relevant (Part -) Provision is deemed to be repealed and considered as replaced by an effective (partial) provision that comes closest to the invalid one.

You may not assign your rights under these Terms of Use. Wallary is at any time entitled to exercise its rights without your consent and without any other restriction to any of its affiliates Subsidiaries or a legal successor to a company associated with the Services.

Applicable Law and Jurisdiction

These Terms of Use and any non-contractual obligations arising out of or in connection with these Terms of Use are governed by and construed in accordance with German law. Any consumer protection rights that you have due to existing mandatory legislation in your country of residence remain unaffected by these Terms of Use.

Disputes relating to these Terms of Use shall be settled by the competent court in Germany and shall be governed exclusively by German law (with the exception of the applicable international private law).

Contact

You can contact wallary at [email protected]. If you have any questions, please send us an e-mail in English or German.