Terms of Use for snoopstar

Recitals

The following Terms of Use apply to the platform of snoopstar GmbH (hereinafter: the “Service Provider”) online available at URL https://my.snoopstar.de. The user (hereinafter: the “Client”) is permitted to use the content and functions for his or her own purposes within the scope of the Terms of Use. The use of certain content or features may be subject to special terms. Such separately shown terms apply in addition to these Terms of Use.

I. Subject matter of the platform

  • (1) The Service Provider provides a platform at URL https://my.snoopstar.de. On this platform, registered Clients are offered the opportunity to upload objects and related information in the form of texts and images. Apart from products, especially advertisements, buildings and other tags are considered as objects.
  • (2) In addition to the platform, the Service Provider operates a free “snoopstar” app. The app serves as an interface through which the app users may retrieve actively used information uploaded by the Client to the platform.
  • (3) Using the camera of their device or terminal (smartphone or tablet), users of the “snoopstar” app may retrieve the uploaded and actively used information. For this purpose, the user scans an object with the camera. If this object has previously been uploaded to the platform by the Client and actively used by the Client, the “target” set by the Client will be recognised and the information stored by the Client will be displayed in the terminal’s or device’s camera via “augmented reality”.

II. Log-in and registration process

  • (1) The Client is obliged to select a secure password and to keep it secret. The Client is not entitled to pass on the password to third parties.
  • (2) The password must be at least eight characters long and must contain letters and at least one digit.
  • (3) After successful registration, the Client will receive a confirmation by email to the email address stored upon registration.

III. Terms of Use

  • (1) Objects are uploaded to the snoopstar platform according to the “first come, first serve principle”. Each object may be uploaded to the platform only once. As long as the object is on the platform, this object is blocked and cannot be uploaded again.
  • (2) When uploading a new object, the Service Provider performs a collision check. If an object is already on the platform, a re-upload to the platform is prohibited. In the event of a collision, the Service Provider reserves the right to delete objects that are already on the platform and to prevent further uploading to the platform.
  • (3) The Client is responsible for uploading object information. In order for an object to be recognised during scanning with the “snoopstar” app, the Client must define an area of the object as recognition feature (so-called target). The Client selects the “target”. The Service Provider does not review or process the “target”.
  • (4) The Client may, at any time, delete an object or object-related information or may upload new objects to the platform and actively use them within the scope of the chosen package.

IV. Selection of package and term

The client can contact the Service Provider for booking his individual package. Every package includes

  • a term of the package as well as clearly defined object update cycles
  • a price for the maximum number of concurrently active objects which are included in the package
  • a price for the maximum number of monthly recognitions included in the package

The client shall therefore sign an individual contract with the Service Provider to which these Terms of Use will be attached.

V. Due date for payment and payment methods

The terms of payment will be settled within the individual contract which will be signed between the client and the Service Provider.

VI. Upgrade

The Client may upgrade his current package at any time. For this, the client shall contact the Service Provider.

VII. Overage regarding object recognitions

  • (1) Depending on the selected package, the Client is entitled to a certain number of monthly object recognitions. The number determines how many object recognitions are maximally performed by the “snoopstar” app per month.
  • (2) The Client is notified by email about the upcoming recognition limit twice before reaching the number of recognitions included in the booked package.
  • (3) After reaching the recognition limit of the booked package, the object is no longer scannable for this month using the “snoopstar” app. During this period, the user cannot retrieve the information about the object stored by the Client.
  • (4) The client may raise or cancel the recognition limit for the current month. In this case, the Client is charged a contractually settled amount for each additional recognition that is no longer included in the package.

VIII. Overage regarding active objects

  • (1) Depending on the selected package, the Client is entitled to actively use a certain number of objects on the platform simultaneously each month during the entire contract term.
  • (2) If the Client wishes to actively use more objects on the platform at the same time than are covered by the respective contractually agreed package, the Client may book an upgrade which will be charged on a monthly basis for each additional active object and for an amount per additional active object as settled in the individual contract signed between the client and the Service Provider.

IX. Limitation of liability of the Service Provider

  • (1) The use of the Internet is at Client’s risk. The Service Provider is not liable in particular for technical failure and access to the Internet.
  • (2) The Service Provider is excluded from liability for any damage claims. This does not apply to claims of the Client resulting from injury to life, limb, health or the violation of material contractual obligations (cardinal duties) as well as liability for other damage that is based on an intentional or grossly negligent breach of duty by the Service Provider, its legal representatives or vicarious agents. Material contractual obligations are obligations whose fulfilment is necessary to achieve the object of the contract. In case of breach of material contractual obligations, the Service Provider is only liable for contractually typical, foreseeable damage. The provision of the platform is essential to the contract.
  • (3) Provisions of the Product Liability Act remain unaffected by this exclusion of liability.

X. Industrial property rights

  • (1) This website contains data and information of all kinds, which are protected by trademarks and/or copyright in favour of the Service Provider or in favour of third parties. The Client is not permitted to download, reproduce and/or distribute the website in whole or in part.
  • (2) The Client is responsible for compliance with industrial property rights in relation to the right holder. In the event of a violation of industrial property rights, the Client shall indemnify the Service Provider with respect to the assertion of any claims of right holders.
  • (3) The Service Provider reserves the right, in the case of reasonable suspicion of a property right infringement by an object located on the platform, to temporarily block it, with the result that it is not possible to scan the object using the “snoopstar” app for the duration of the blocking.

XI. Duties of Client

  • (1) The Client is prohibited from uploading and distributing unlawful and extreme right-wing content.
  • (2) The Client is responsible under data protection law for the content uploaded by him. Insofar as the Client uploads any content that contains any third-party personal data, he shall act in accordance with data protection law and fulfil all obligations relevant under data protection law. In particular, he shall ensure that there is a legal basis for the processing of personal data, shall inform the data subjects accordingly about the processing and shall ensure that the data subjects obtain knowledge of the platform’s privacy policy.
  • (3)Framing the website is not permitted. The Service Provider assumes no responsibility for the accuracy and completeness of any information contained on the website.

XII. References and links

  • (1) References and links to third-party websites do not imply that the Service Provider bears responsibility for the content behind the reference or link. The Service Provider has no influence on the content behind the link. Therefore, the contents do not give rise to a responsibility of the Service Provider for the data and information provided there.
  • (2) The Service Provider is not liable for any unlawful, incorrect or incomplete content and for any damage caused by the use of any content behind the link.

XIII. Availability of platform

The platform is available 24/7, 365 days a year, except for maintenance and downtime due to the unavailability of the Internet.

XIV. Case of misuse

  • (1) The Service Provider is entitled to block the access data of a Client in case of misuse. In the case of blocking, the Service Provider informs the Client immediately by email about the reason for blocking
  • (2) If the Client becomes aware of a misuse of his log-in data, the Client is obliged to inform the Service Provider hereof immediately in writing.

XV. Right to modify

  • (1) The Service Provider is entitled, but not obliged, to modify these Terms of Use and the platform from time to time and to adapt them to current technical and legal developments.
  • (2) Each registered Client will be separately advised of any changes resulting from a modification under this clause.

XVI. Final provisions

  • (1) If the contracting party is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction is at the seat of the Service Provider.
  • (2) German law shall apply to the exclusion of the UN Sales Convention.
  • (3) If any provision of this user agreement shall be or become invalid, the validity of the user agreement shall otherwise remain unaffected. The invalid provision shall be replaced by a valid provision which, in economic terms, comes closest to the original provision.

Status as at: April 2019

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