Terms and conditions Studio
VALID SINCE AUGUST 4TH 2022
This agreement describes the general terms and conditions (“Terms and conditions”) that regulate the navigation and use of the website www.camonapp.com and www.studio.camonapp.com (from now on, the “Site”) and of the CamOnApp mobile application (from now on, the “Application”) owned and operated by INTERACTIVE MOBILE MEDIA SA, with address at Juramento 1475, Autonomous City of Buenos Aires, Argentina and Augmented Mobile Media LLC, with address at Avenida Juan Ponce de Leon 1250 , San Juan, Puerto Rico (from now on, “CAMONAPP”) – jointly, the Site and the Application are the “Platform” – and of the Service provided through it, by any person with access to it (from now on, the “User” or “Users”).
By using or entering the Platform and / or using the Service, the User expressly agrees that he declares to know and accept these Terms and Conditions. ANY PERSON WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH HAVE AN OBLIGATORY AND BINDING CHARACTER, SHOULD REFUSE FROM USING THE PLATFORM AND / OR THE SERVICE.
1.1. CAMONAPP services (from now on, collectively, the “Services”) include: a) A service that allows the Users of the application (from now on, the “User App”) to access interactive content, created with augmented reality technology , owned by CAMONAPP or third parties, which includes without limitation access to layers of augmented reality that may include content, texts, images, graphics, 2D and / or 3D models, videos, audios, animations and links and reference images (from now on, “General Service); and b) a service that allows Users who have a plan to edit the content (from now on, the “User Editor”), add or generate their own content and create their own augmented reality campaigns – “User Content Editor” – (from now on, “Editor Service”).
The General Service is accessed through the app for the User App and through the creation of an account for the User Editor. The User Editor experience can be nurtured and enhanced through the use of the Editor Service.
2.1. General conditions applicable to the General Service, and to the Editorial Service.
2.1.1. The User declares and guarantees that he has the minimum age of eighteen (18) years or that, where appropriate, he has the authorization of his parents or guardians to use the Service.
2.1.2. The User understands and accepts that CAMONAPP is not responsible for the User Content Editor that other Users may upload, publish, exchange or make available through the Platform and that they could be exposed to potentially offensive, objectionable, violating privacy content , intellectual property or any other third party right. CAMONAPP may examine the User Content Editor prior to publication or made available on the Platform. CAMONAPP reserves the right to remove any User Content Editor if it considers that it is illegal, inappropriate or violates any provision of these Terms and Conditions. CAMONAPP may take up to 48 business hours to approve the publication of an experience of a User Editor to ensure that this content meets the technical specifications detailed in the Platform. In the event that Users detect the existence of any material within the Platform that, in their opinion, may be illegal or violating, they must contact CAMONAPP through the following address: email@example.com.
2.1.3. The App User acknowledges and accepts that he is solely responsible for all costs that may be involved in the use of the Services, including without limitation: communication costs, mobile internet, roaming and taxes.
2.1.4. The App User and the Editor User may in no case:
a) Take any action that places an unreasonable or disproportionately large burden on CAMONAPP’s infrastructure or its third party providers;
b) Interfere or attempt to interfere with the proper functioning of the Platform and / or the Service;
c) Execute any form of self-response on the Platform (Spam);
d) Decipher, disassemble, reverse engineer or attempt to derive the source code, ideas, algorithms, from any part of the Site and / or the Application and / or the Service or any application that conforms them;
e) Upload, publish, send, transmit, through the Service, any User Content Editor that is illegal, misleading, obscene, abusive, that incites legal actions, harmful, threatening, harassing, defamatory, slanderous, vulgar, violent or of hate or containing hate objects or symbols, invading the privacy of any third party, containing nudes (including without limitation any pornographic, eroticism, child pornography or child eroticism), any hate language, or being otherwise objectionable in the CAMONAPP opinion.
d) Violate any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
f) Assign any right granted in these Terms and Conditions.
g) Perform any mechanism to violate these Terms and Conditions.
2.1.5. To access the General Service, App Users must download the Application to a Smartphone or Tablet with iOS or Android operating system (from now on, “User Device”). Once the Application is installed on the App User Device, the App User can scan (using the User Device camera) certain existing contents on the Platform and in other media to be determined by CAMONAPP (print media, artwork, posters, products, flyers, among others) and visualize interactive experiences with augmented reality technology.
2.2. To access the Editor Service, the User Editor must access the Site www.studio.camonapp.com, register and contract the service, these Terms and Conditions being subject to the Particular Contract Conditions established for the case. In this case, these Terms and Conditions and the particular Conditions that are agreed between CAMONAPP and the User of the Editorial Service will constitute the entire agreement between the parties.
2.2.1. When the user registers to use the Editor Service, CAMONAPP collects the following personal information from you: name, surname, email. This information will be used to configure you as a user, manage your account and provide you with access to the features and functionalities of the Editor Service.
2.3. In order to use the “Education” services aimed at educational institutions, Users must download the Application to a Smartphone or Tablet with an IOS or Android operating system (from now on, “User Device”). Once the Application is installed on the User Device, the User may enter the Platform by selecting their institution and loading the corresponding code.
2.4. CAMONAPP reserves the right to permanently remove and remove any USER CONTENT from the Service without prior notice, in case the user violates any of the conditions established in Section 2.1.4
3.1. The Platform, the “CAMONAPP” brand and the technology used, are the exclusive property of CAMONAPP.
3.2. CAMONAPP content. All texts, graphics, user interfaces, visual interfaces, photographs, commercial image, brands, logos, sounds, music, illustrations, augmented reality experiences and other content on the Platform, with the exception of content uploaded by Users, property, or is controlled or licensed by or for CAMONAPP, and is protected by copyright, patents, trademarks and / or other intellectual property rights (from now on, “CAMONAPP Content”).
3.3. CAMONAPP grants Users a non-exclusive, revocable, non-transferable, non-sub-licensed license on the Content of CAMONAPP, to access the Platform and / or use the Service in accordance with these Terms and Conditions. Users may not make other uses of the CAMONAPP Content outside those expressly permitted in these Terms and Conditions. Any license to the CAMONAPP Content not expressly granted in these Terms and Conditions shall be deemed not granted, and such content may not be used in any way without the express prior written consent of CAMONAPP. The User may under no circumstances modify, copy, or create derivative works based on the Services and / or sell, redistribute, market, rent, and / or sublicense them.
3.4. Editor Content. User Content is property of the User Editor who created it. Notwithstanding the foregoing, the User Editor grants CAMONAPP an irrevocable, worldwide, royalty-free and transferable license (with sub-license right) to use, distribute, carry out derivative works, display and market, including without limitation, the promotion and redistribution of all or part of the Platform and / or the Services, in any format and through any communication channel. The aforementioned license includes the right of CAMONAPP to make the content available and sub-license it for publishers, suppliers, dealers, other companies, organizations and individuals with whom CAMONAPP cooperates in the provision of services. In order to provide the service, the User Editor authorizes CAMONAPP to market, sub-license and distribute the User Content while the subscription of the Services is in force.
3.5. Utilization. The User App and the User Editor can use the platform exclusively for lawful purposes. In the case of users of Education services only for academic and / or educational purposes.
3.6. Third party rights. Users declare and guarantee that the User Content does not violate or violate any third party rights, including without limitation to intellectual property rights. Users expressly release CAMONAPP from liability for any third party claims that may take place through the use of the Platform and / or the Services. The User undertakes not to use, copy or distribute any content not specified and expressly authorized in these Terms and Conditions, including without limitation to any use, copying or distribution of any third party material obtained through the Platform and / or the Services For any commercial purpose.
4.1. On occasion, the Platform and / or the Service may allow linking to other websites, services or resources on the Internet, while other websites, services or Internet resources may contain links to the Platform and / or the Service.
4.2. Access to third-party resources on the Internet will be carried out under the responsibility of the Users. Third-party resources are not under the control of CAMONAPP and Users acknowledge that CAMONAPP is not responsible for the content, functions, legality, or any other aspect of the sites or resources.
4.3. Editor service. Users who subscribe to the Editor Service understand and accept that all payments for the Service contracted will be carried out on behalf of CAMONAPP by a third party payment service provider through the payment platform called “Stripe” (https: // stripe.com), and will be subject to the terms and conditions provided by Stripe. CAMONAPP DOES NOT ACCEPT ANY LIABILITY FOR ANY BREACHES BY A PAYMENT SERVICE PROVIDER OF ANY ORDER OR FOR ANY DEFECTS IN ANY ITEM (S) PROVIDED TO YOU BY THEM.
For more information on the use of user information, the User may contact the Privacy Policies, available at www.camonapp.com/privacidad.
6.1. The Service is offered without warranty of any kind, including but not limited to the guarantees of title, commercialization, and any other type of personal or commercial guarantee.
6.2. The User understands and accepts that neither CAMONAPP nor its representatives, employees, partners and / or licensors can give any guarantee about: a) the security of the content accessed by Users through the Platform and / or the Service; b) that the Platform meets the expectations of the User; (c) that the operation of the Platform is uninterrupted, timely, secure or error free; and (d) that any defect in the operation or operation of the Platform or its related software will be corrected.
7.1. The User understands and accepts that neither CAMONAPP nor its subsidiaries and / or representatives and / or employees will be responsible for direct, indirect, accidental, special, indirect, or punitive damages that the User may suffer, regardless of its cause, for the use of the platform and / or the Service.
7.2. Similarly, CAMONAPP cannot be held liable for breach or delay of its obligations on the basis of the Terms if such breach or delay is due to causes that can be considered, provided that it is interpreted reasonably, in the legal concept of “Overwhelming force”.
7.3. CAMONAPP does not guarantee or can or will guarantee, at any time, the proper functioning of the Service in web browsers that are outdated, regardless of the circumstances that motivate it. Therefore, the User understands and is aware that the use of obsolete versions of web browsers implies, implicitly, risks of loading, processing, downloading, interaction and reproduction inherent to the enjoyment of the Services.
8.1. The User will keep harmless, defend and exonerate CAMONAPP and, where appropriate, its customers, associates and suppliers of any damage, responsibility and cost that may arise as a result of a third party claim against CAMONAPP regarding the use of the Platform and / or the Service contrary to what is stipulated in these Terms and Conditions.
8.2. The User will keep harmless, defend and exonerate CAMONAPP from any damage, responsibility and cost that may arise as a result of a third party claim against CAMONAPP regarding the violation of intellectual property rights.
As part of our fair use policy of the EDITOR SERVICE we have established an upper limit on the amount of views and experiences that users can assign per month.
9.1 PROFESSIONAL Editor Service: 15-day trial period, it is allowed to create experiences in Draft or Draft mode. After the trial period the monthly price will be USD 80 (eighty-five US dollars) or annual contracting of USD 720 (seven hundred twenty US dollars). The subscription payment can be made monthly or annually. The limit currently for the number of users is 1, the amount of monthly views is 1,000 (one thousand). When the User reaches eighty percent (80%) of the contracted consumption, CAMONAPP by email will give him the option to pause the experience or, otherwise, will notify him that the limit has been exceeded, he will begin to charge for excess content. The value of the extra view is USD 20 (twenty US dollars). The amount of experiences that can be created are unlimited and the amount of experiences that can be created simultaneously are 1,000 (one thousand).
9.2. Education Service: 15-day trial period, it is allowed to create experiences in Draft or Draft mode. After the trial period, the annual price will be USD 500 (five hundred US dollars). The limit currently for the number of users is 500 (five hundred), for the amount of monthly views is 1,000 (one thousand). The amount of experiences that can be created are unlimited and the amount of experiences that can be created simultaneously are 1,000 (one thousand).
9.3. Puerto Rico. Exclusively for those Editor Users located in Puerto Rico, the published price does not include taxes for the Pro Editor and Education. Taxes are 11.5% (eleven point five percent) for natural persons and 4% (four percent) for legal persons.
10.1. These Terms and Conditions recognize that there is complete agreement between the User and CAMONAPP regarding the use of the Platform and / or the Service, and replace all previous or contemporary communications and proposals, whether oral, written or electronic, between the User and CAMONAPP .
10.2. If any provision of these Terms and Conditions is invalid, the provision will be limited or eliminated to the minimum extent necessary for the remaining provisions of the Terms and Conditions to remain enforceable.
10.3 If the User or CAMONAPP could not exercise the rights and powers that emanate from these Terms and Conditions, this will not be considered a waiver of the continuation of the other rights and powers established therein.
11.1. CAMONAPP reserves the right to modify, replace or interrupt the Service and / or modify the conditions of access to it, at any time, prior notification in the Platform, prior to the change made, either. CAMONAPP may modify the Terms, as long as you understand it appropriate on the basis of business circumstances, legislation or due to technical reasons or operational requirements.
11.2. CAMONAPP reserves the right to modify these Terms and Conditions and / or the Privacy Policies. The User must periodically review the Terms and Conditions and the Privacy Policies to keep informed about possible changes in them.
11.3. CAMONAPP will always offer the User the opportunity to cancel the Services at least thirty (30) calendar days before the effective date determined for the effective date of the modification to operate on the Terms. Access to the Platform and / or use of the Service after modifications have been made imply tacit acceptance of the changes made. If the User decides not to accept the modification operated on the Services, he must cancel his subscription and close his account.
11.4. CAMONAPP can make, in its sole discretion, always aimed at improving the User experience, improvements in the General User Software, Editor or Education. Therefore, it is possible that the presentation of the interface of the General Users Software, Editor or Education, or the configuration of these, varies, but will always respond to the improvement of the options that include the Services in order to offer the User the best experience in line with the evolution of the technology used by CAMONAPP.
Neither CAMONAPP nor the User will be liable for any breaches that may be incurred provided that such breaches are due to issues beyond their reasonable control, including but not limited to: any natural catastrophe, strike, forced closure of any kind, interruption in the supply of electricity, telephone, telecommunications, internet, and any other natural, technological, political or economic or other cause, beyond its control that cannot be overcome by employing reasonable diligence without incurring excessive expenses.
13.1. The User may cancel the Account at any time. The termination will take effect from the period after the withdrawal was requested, and the User must pay the price corresponding to the current billing period in which the withdrawal request occurs.
13.2. CAMONAPP has the right to cancel, suspend or terminate the provision of Services, in whole or in part, if: (i) the User breaches any provision of these Terms and Conditions; (ii) CAMONAPP is obliged to do so by law or by an order of a competent authority, or (iii) CAMONAPP decides to permanently suspend the Services. In such cases, the termination will not entitle Users to receive any type of compensation and / or reimbursement.
13.3. In the event of termination for any reason, clauses 3,6,7,8 and 15 of these Terms and Conditions will remain fully valid.
13.4. CAMONAPP may continue to store and / or publish the User Content even after termination occurs for any reason.
CAMONAPP may assign, transfer or delegate any of its rights and obligations without the need for consent by the User. It is strictly forbidden for the User to assign or transmit the rights and obligations that bind him as a result of the application of the Terms, as well as to dispose of them in some other way, without prior written consent of CAMONAPP.
15.1. These Terms and Conditions will be governed and interpreted in accordance with the laws of the Argentine Republic.
15.2. Any dispute arising from the Terms and Conditions, its existence, validity, interpretation, scope or compliance, will be submitted to the Jurisdiction of the Federal Civil and Commercial Courts of the Argentine Republic based in the Autonomous City of Buenos Aires.
If you have any questions or comments about the Service and / or the Terms and Conditions, you can contact CAMONAPP through the following email address firstname.lastname@example.org.