Terms of Use

1. Scope and General Provisions

1.1 These General Terms and Conditions apply to all legal relationships of Mapstar AG, Alter Schlachthof 33, 76131 Karlsruhe (hereinafter also: "Mapstar") vis-à-vis users of the "Mapstar Platform" application (hereinafter also: "Mapstar Platform"). A user is anyone who registers on the website or who enters into a contract with Mapstar or via a third-party provider to use the Mapstar Platform or certain functions.

1.2 The subject matter of these Terms and Conditions is the use of the Mapstar Platform against payment and free of charge.

1.3 Mapstar's offers are aimed exclusively at private individuals as users. Commercial use of the platform is not permitted.

1.4 Deviating regulations of the users do not apply unless Mapstar has expressly confirmed this in writing. Individual agreements always have priority.

1.5 The contractual language is English. The business relations between Mapstar and the user are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

1.6 The place of jurisdiction is the registered office of Mapstar if the user is a merchant, a legal entity under public law or a special fund under public law. The same applies if a user does not have a general place of jurisdiction in Germany or if the user's place of residence or habitual abode is unknown at the time the action is brought.

1.7 Consumers have the possibility to use an alternative dispute resolution. The following link of the EU Commission (also referred to as the ODR platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online purchase contracts or online service contracts: https://ec.europa.eu/consumers/odr Mapstar is neither willing nor obliged to participate in an arbitration procedure.

1.8 Duty to inform according to the Consumer Dispute Settlement Act (§ 36 VSBG): Mapstar is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.

1.9 The current version of these Terms and Conditions can be viewed and downloaded at any time on the website www.mapstar.io.

2. Services provided by Mapstar

2.1 The Mapstar platform consists of the mobile application (Android, iOS) incl. AR, VR application, web (viewer/editor), website , backend (databases, access functions and other functionalities. The user can purchase certain functions via in-app purchases in the Android or Apple store).

2.2 The Mapstar Platform allows users to store their own content (photos, videos, texts, etc.) on the Mapstar servers at their respective location and to use their content or share it with other users at that location. In addition, users have the option of accessing the content stored by other users at their respective location. Mapstar thus takes advantage of augmented reality and allows users to save any digital content directly as a 3-D model. With the Mapstar Platform, users can create (AR, web), edit (web), save (AR, web), share (AR, web) and invite other users to VR (VR only),edit, store and share digital content together in one place. When in a specific location, the user launches the Mapstar Platform and can see what other people have created in the exact same location, participate in digital tours or receive special offers.

2.3 Mapstar may refer users of the Mapstar Platform to third-party content and applications (hereinafter also: "third-party content") through links. Such Third Party Content is clearly marked by a corresponding notice. If and insofar as the conclusion of a contract is offered in connection with such third-party content, such contract shall be concluded exclusively with the respective third-party provider.

2.4 Mapstar may restrict access to its own services without giving reasons, and also, if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data so require.

3. Registration

3.1 Use of the Mapstar Platform is only possible after prior registration and confirmation by means of a confirmation or verification E-Mail. Registration to use the Mapstar Platform is free of charge. During the registration process, the user will be asked to enter his/her user login data. The login data consists of the user's E-Mail address and a user name which is shown in the display for the user and password chosen by the user. In addition to these mandatory data, users may voluntarily provide further data (e.g. their address).

3.2 If the registration and/or profile data changes during the term of the contract, the user whose data has changed is obliged to promptly adjust the corresponding data in the user's personal settings.

3.3 By completing the registration, the user makes an offer to Mapstar to enter into a contract on the basis of these General Terms and Conditions. Mapstar may accept the offer at its sole discretion. If the registration is not confirmed within a reasonable period of time by an e-mail to the address provided by the user or by activation of the user profile, the user is no longer bound by the offer. Upon receipt of the confirmation by e-mail or the activation of the user profile by the user, a contract is concluded as agreed and Mapstar activates the desired access. With the activation of the access, the user is entitled to use the Mapstar Platform in accordance with these General Terms and Conditions. The text of the contract is stored by Mapstar and cannot be accessed by the user.

3.4 Each user is obliged to inform Mapstar immediately if there are indications that his or her profile or access to the Mapstar Platform has been misused. Each user is generally liable for all activities carried out using their access and indemnifies Mapstar against any claims for damages from third parties, unless the user is not responsible for the misuse.

3.5 In order to protect against fake profiles, Mapstar reserves the right to check the authenticity of user accounts and to request appropriate proof from the user. If users do not comply with this request, Mapstar reserves the right to delete the account.

3.6 The registration, the contract and the account of the user, including the access data, are not transferable. This applies to all users. Users are not permitted to create more than one account.

3.7 Users are obliged to keep their access data, including their passwords, secret and under no circumstances to make them accessible to unauthorised third parties.

4. Use of the Mapstar Platform

4.1 Mapstar offers users the possibility to upload content (photos, texts, videos, etc.) to specific locations. A user can set his user profile so that the content he uploads can only be viewed by himself (private profile) or by other registered users of the Mapstar Platform (public profile). The user can change, edit or delete individual elements of his content.

If the user wants to add a YouTube video to his content or play a YouTube video, it is necessary to call the YouTube API Services. In accordance with Section 2.3, the user is advised to agree to YouTube's Terms of Service (https://www.youtube.com/t/terms) and to take note of Google's data protection declaration (https://policies.google.com/privacy).

4.2 In addition, Mapstar gives users the opportunity to like, comment on and/or share other users' content and invite other users into VR and "immerse" them in content.. The user agrees that the content uploaded by him or her may be made available to other users of the Mapstar Platform, provided that the user uploading the content activates the public profile settings. Regardless of the settings in the user's profile, the user agrees to the publication of his comments to other Mapstar Platform users. The user agrees to provide only truthful information. Mapstar does not adopt the content and comments of the users as its own and is not obliged to check them. Mapstar is not responsible for the content of the users.

4.3 By uploading content protected by copyright or other law to the Mapstar Platform, the user grants Mapstar, free of charge, the non-exclusive, transferable, worldwide right to use the content to the extent necessary for the provision of the respective services, in particular to store and host the content on Mapstar's servers and to share and distribute it in other services (in particular in other social media such as Facebook, Twitter, etc.). The right of use thus also includes the reproduction and making available to the public of the content provided by the user.

5. Term of use, termination

5.1 The contract concluded between Mapstar and a user runs for an indefinite period. The user may terminate the contract at any time by deleting his account. Unless otherwise agreed, Mapstar may terminate the contract without notice.

5.2 If a user ceases to use the Mapstar Platform completely, Mapstar is entitled to irretrievably delete all data generated by the user in the course of using the Mapstar Platform after 30 calendar days after the termination takes effect and the applicable statutory retention periods. Personal data is subject to data protection regulations, which may provide for a shorter deletion period. Further information is contained in the data protection declaration.

5.3 The right to terminate the contract for good cause remains unaffected. Mapstar is entitled to terminate the contract for cause, in particular if the user repeatedly violates these General Terms and Conditions and does not stop the violation or violates or continues to violate these provisions despite a warning by Mapstar.

6. Chargeable services  

6.1 The use of the Mapstar Platform is free of charge unless the user purchases certain functions via in-app purchases in the Android or Apple Shop. . In the future, however, more and other chargeable services may be offered. If the use of a service (including the retrieval of content) is offered for a fee and the user has not activated a corresponding service during registration, the user will be informed online about the costs, payment terms, duration and termination of the fee-based service and other relevant details and, if applicable, special contractual terms before being able to use the service. After receiving this information, the user can order the service by clicking on the order button. 

6.2 By clicking the order button, the user makes a binding offer to use the service. The offer is accepted by Mapstar when Mapstar activates or provides the service. The contract is also subject to these General Terms and Conditions and, if applicable, separate contractual terms and conditions, which will be communicated to the user before the service is used.

6.3 All fees stated are inclusive of the statutory value added tax applicable at the time.

7. Right of revocation

7.1 The user is entitled to a statutory right of revocation in accordance with the provisions of the revocation instructions.

8. Data protection

8.1 Mapstar uses any personal data of its users within the scope and according to the privacy policy.

8.2 The user is aware that the collection, storage and processing of personal data is necessary for the execution of the user contract. The legal basis for this data processing is Art. 6 para. 1 sentence 1 lit. b DSGVO, as this data processing is necessary and required for the execution of the user contract. The rights to which the user is entitled are explained in the data protection declaration.

8.3 Further beyond this Mapstar does not transmit personal data of the user to third parties and only uses the data for advertising purposes if a legal permission or an explicit consent of the user exists.

8.4 The stored personal data of the user will be treated confidentially by Mapstar and in accordance with the data protection laws, in particular the German Data Protection Regulation (DSGVO) and the German Federal Data Protection Act (BDSG).

9. Warranty

9.1 Mapstar shall be liable for claims based on material defects and defects of title in accordance with the statutory provisions.

10. Duties of conduct of the users, Exemption in the event of violations

10.1 Mapstar does not undertake any fundamental review of the content uploaded and entered by users. Mapstar can therefore neither guarantee their accuracy, appropriateness nor quality. Nevertheless, Mapstar reserves the right to reject, correct or delete the publication of images, videos or other content and information on the Mapstar Platform and its profiles at its own free discretion, to remove the illegal content immediately or to block access to it and/or to block the user's account temporarily or permanently. This is particularly the case if Mapstar becomes aware of a violation of these Terms of Use or of legal provisions or if there are other important reasons which, in the opinion of Mapstar, justify or make such a measure appear appropriate.

10.2 In no event does uploaded User Content represent the opinion of Mapstar, nor does Mapstar adopt it as its own.

10.3 Each user undertakes not to use the platform to publish content or transmit messages which, or the setting of which, is

- are immoral, racist or in any other way offensive
- are unobjective or deliberately untrue,
- infringe the rights of third parties, in particular copyrights and/or personal rights,
- otherwise violate applicable laws or constitute a criminal offence, in particular child pornography,
- contain viruses or other computer programs which may damage software or hardware or impair the use of computers,
- are surveys or chain letters or disguised advertising, or
- serve the purpose of collecting and/or using personal data from other users for commercial purposes in particular.

The User is not permitted to analyse, decompile, copy and/or modify the functionalities and/or source code implemented by the Mapstar Platform. In this case, Mapstar expressly reserves the right to assert claims for damages.
Mapstar expressly points out that content with child pornography will not be tolerated in any way. Violations will be reported to the police without exception.

10.4 The user alone is responsible for ensuring that he/she has all rights with regard to the content he/she uploads and that no rights of third parties, e.g. copyrights or personal rights, are violated as a result. Users who upload photos or videos for which they do not own the copyright risk criminal and/or civil prosecution by the copyright holder.

10.5 Should Mapstar become aware of any violation of the above provisions, Mapstar reserves the right to terminate and/or suspend the offending user. Should third parties assert claims for damages against Mapstar due to such a violation, the responsible user shall indemnify Mapstar against this, including the necessary costs of legal defence.

11. Blocking

11.1 These General Terms and Conditions apply to all legal relationships of Mapstar AG, Alter Schlachthof 33, 76131 Karlsruhe (hereinafter also: "Mapstar") vis-à-vis users of the "Mapstar Platform" application (hereinafter also: "Mapstar Platform"). A user is anyone who registers on the website or who enters into a contract with Mapstar or via a third-party provider to use the Mapstar Platform or certain functions.

11.2 Mapstar may also permanently exclude a user from active use of the Mapstar Platform (final block) if the user has provided false data when registering, in particular a false or invalid email address, if the user causes significant harm to other users or if there is another important reason.

11.3 As soon as a user has been temporarily or permanently blocked, he/she may no longer use the Mapstar Platform, even with other user accesses, and may not register again.

12. Copyright, Mutual Grant of Rights

12.1 All rights (copyrights, trademark rights and other protective rights) to the Mapstar Platform and the content, data and other elements posted belong exclusively to Mapstar. Any rights of users to the content they have posted remain unaffected by this. Copyright notices or other property right notices of Mapstar on the platform may not be changed.

12.2 During the term of the user agreement, Mapstar grants the user a non-exclusive and non-transferable right to access to his or public content of the Mapstar Platform and to use the app and its functions as intended. No other rights are transferred to the user beyond this. The user agrees to use the Mapstar Platform only for private and not for commercial purposes, in particular not for public demonstrations.

12.3 By publishing uploaded content, the user grants Mapstar a non-exclusive, irrevocable and royalty-free licence, unlimited in time and space, to make uploaded content (e.g. photos, videos, etc.) publicly accessible on the Mapstar Platform and to host it and to use it for the technical steps necessary for this purpose. Mapstar's use of this uploaded content is limited to the Mapstar Platform. Any other use of the content transferred by the user is only permitted with the user's consent.

12.4 Mapstar accepts no responsibility for the content of any photos or videos contained herein. Mapstar will remove doubtful content or content that infringes copyright as quickly as possible upon written request to abuse@mapstar.io.

13. Copyright, Mutual Grant of Rights

13.1 There is no entitlement to access and accessibility of the Mapstar Platform.

13.2 Users must not use any mechanisms, software or other scripts in connection with the use of the Mapstar Platform that may interfere with the functioning of the App, in particular those that enable automated page views to be generated.

13.3 Users must not take any action that may place an unreasonable or excessive load on the infrastructure.

13.4 Users may not block, overwrite or modify any content generated by Mapstar or otherwise interfere with the platform.

14. Liability and Exclusion of liability, Responsibility for content

14.1 Mapstar accepts no responsibility for ensuring that the information and documentation provided on the website and the Mapstar Platform are complete, correct and up to date. This also applies to any links contained on the Website and the App. Mapstar is not responsible for the content of any third party site reached via such a link.

14.2 Outside the liability for material defects and defects of title, Mapstar is liable without limitation insofar as the cause of the damage is based on intent or gross negligence. Mapstar is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardises the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the user regularly relies), but only for the foreseeable damage typical for the contract. In particular, Mapstar is liable for the loss of data only to the extent of the expense incurred if the user has regularly and application-adequately performed a data backup and thereby ensured that lost data can be restored with reasonable effort. Mapstar shall not be liable for the slightly negligent breach of obligations other than those set out above.

14.3 The limitations of liability in the preceding paragraph do not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee, in the event of fraudulently concealed defects, in the event of liability under the Product Liability Act and in the event of claims under data protection law.

14.4 If Mapstar's liability is excluded or limited, this also applies to the personal liability of organs, employees, representatives and vicarious agents.

15. Reporting infringements of rights

15.1 Mapstar, as the operator of the Mapstar Platform, respects the rights of third parties and is accordingly interested in preventing the publication of infringing content posted by users. If a user believes that content violates his or her rights (e.g. the right to one's own image, rights to a name, trademark rights) or other rights, we request that a detailed notification be sent. Mapstar will immediately investigate all serious notifications of rights violations and take the appropriate legal action. Any abuse will be punished.

Notifications of infringement may be addressed to the following address at any time:
Mapstar AG
Alter Schlachthof 33,
76131 Karlsruhe, Germany
E-mail: abuse@mapstar.io 

16. Modification of these terms and conditions

Mapstar reserves the right to amend these terms and conditions at any time and without stating reasons if this is necessary due to changes in the legal, official or technical framework conditions and the amendments are reasonable in good faith, taking into account the interests of the users. The user shall be notified of the amended terms and conditions by e-mail no later than 30 days before the planned entry into force of the new terms and conditions of use. If the user does not object to the validity of the new terms and conditions within the set period and continues to use the Mapstar Platform, the new terms and conditions of use shall be deemed accepted.

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