Terms of Service

Linearis3D GmbH & Co. KG, Rebenring 31, 38106 Braunschweig, Germany, kontakt@linearis3d.de, (“Linearis3D”) apps are licensed, not sold, to the end user (“you”). Your license to each app is subject to your prior acceptance of this license agreement. This license agreement is concluded only between you and Linearis3D. You warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

SCOPE OF LICENSE

Linearis3D grants to you a simple, limited, nontransferable, revoable license to use the licensed application on any Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service, except that such licensed application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the licensed application as well as upgrades provided by Linearis3D that replace or supplement the original licensed application, unless such upgrade is accompanied by an updated EULA. It is prohibited to distribute or make the licensed application available over a network where it could be used by multiple devices at the same time. It is also prohibited to transfer, redistribute or sublicense the licensed application: Befor you sell your device to a third party, you must remove the licensed application from the device. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the licensed application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the licensed application).

SUBSCRIPTION

To be able to use certain functions of our app you need to purchase a time-based subscription. The subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. You will be charged when the purchase is confirmed. You can go to your iTunes Account settings to manage your subscription and turn of auto renew.

TO USE OF DATA

You agree that Linearis3D may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the licensed application. Linearis3D may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. Linearis3D's detailed privacy policy can be accessed on Linearis3D's website or from within the app.

TERMINATION

This Standard EULA is effective until terminated by you or Linearis3D. Your rights will terminate automatically if you fail to comply with any of the terms of this EULA.

NO WARRANTY

You expressly acknowledge and agree that use of the licensed application is at your sole risk. To the maximum extent permitted by applicable law, the licensed application and any services performed or provided by the licensed application are provided "as is" and “as available,” with all faults and without warranty of any kind, and Linearis3D hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. No oral or written information or advice given by Linearis3D or its authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you. In the event of any failure of the Licensed Application to conform to any applicable warranty, the you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. Apple will have no other warranty obligation whatsoever with respect to the Licensed Application to the maximum extent permitted by applicable law. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Linearis3D's sole responsibility.

LIMITATION OF LIABILITY

To the extent not prohibited by law, in no event shall Linearis3D be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Linearis3D has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Linearis3D’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury/health) exceed the amount of twice the monthly subscription fee. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

THIRD PARTIES

You agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as the end-user as a third party beneficiary thereof. You acknowledge that upon an alleged violation third party’s intellectual property rights, Linearis3D, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

PRODUCT CLAIMS

You acknowledge that Linearis3D, not Apple, is responsible for addressing any claims of you, the end-user, or any third party relating to the licensed application or your possession and/or use of that licensed application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Linearis3D's application’s use of the HealthKit and HomeKit frameworks.

MAINTENANCE

Linearis3D is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application

JURISDICTION

Place of jurisdiction is Braunschweig, Germany. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.