TERMS & CONDITIONS
These Terms of Use (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you” or “user”), and Hive 3D Vision (“we,” “us,” or “our”), concerning your access to and use of the Hive 3D Vision mixed reality application, exclusively designed for the Apple Vision Pro with potential expansions for other devices in the future. This agreement also governs your use of our websites, including hive3dvision.com, and any other related websites, media forms, media channels, mobile websites, or mobile applications related, linked, or otherwise connected to Hive 3D Vision (collectively, the “Application”).
By accessing or using the Application, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree with all the terms and conditions contained within these Terms of Use, you are expressly prohibited from using the Application and must discontinue your usage immediately.
We reserve the right to make changes or modifications to these Terms of Use at any time and for any reason, at our sole discretion. We will notify you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of such changes. It is your responsibility to periodically review these Terms of Use to stay informed of updates. By continuing to use the Application after the date these revised Terms of Use are posted, you will be deemed to have been made aware of, and to have accepted, the changes in the revised Terms of Use.
The Application is intended for users who are at least 16 years of age. If you are under the age of 16, you are prohibited from using the Application in any capacity.
RESPONSIBLE USE OF HIVE 3D VISION
Hive 3D Vision is a mixed reality platform designed to enhance the architecture and construction visualization experience. It allows users to engage with complex 3D models in real-time, layered onto the real world via Mixed Reality (MR) Augmented Reality (AR) or Virtual Reality (VR) interfaces, primarily using the Apple Vision Pro.
However, some use cases of Hive 3D Vision involve the use of tools or hazardous environments, such as construction sites. When using Hive 3D Vision in such settings, you must exercise extreme caution and prioritize safety. The nature of augmented reality can obscure your view of your immediate surroundings, so SAFETY FIRST is our primary recommendation. Be fully aware of potential hazards, and ensure that you are adhering to all local safety protocols.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Application and its content, including but not limited to source code, databases, software, designs, audio, video, text, images, and graphics (collectively, the “Content”), are owned, controlled, or licensed by us and protected by copyright, trademark, and other intellectual property laws in Germany, foreign jurisdictions, and international conventions.
The Content and trademarks (the “Marks”) are provided “AS IS” for personal use only. No part of the Application, Content, or Marks may be copied, reproduced, or used for any commercial purpose without prior written permission.
You are granted a limited license to access and use the Application and download or print portions of the Content for personal, non-commercial use.
USER REPRESENTATIONS
By using the Application, you confirm and agree that:
· The registration information you provide is true, accurate, current, and complete.
· You will keep this information accurate and update it as needed.
· You have the legal ability to agree to and follow these Terms of Use.
· You will not access the Application using automated or non-human methods, such as bots or scripts.
· You will not use the Application for illegal or unauthorized activities.
· Your use of the Application will comply with all applicable laws and regulations.
If any information you provide is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any current or future access to the Application (or any part of it).
USER REGISTRATION
You may be required to register with the Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
For the purposes of clarity, anyone using Hive 3D Vision under your license is governed by these Terms of Use.
FEES AND PAYMENT
Accessing Hive 3D Vision may require you to pay for certain services. You agree to provide accurate, up-to-date purchase and account information for all transactions made through the Application. You also agree to promptly update your account, including email address, payment method, and card expiration date, to ensure we can complete transactions and contact you when needed.
We will bill you via an online account, with sales tax added where applicable. Prices may change at any time, and payments will be in U.S. dollars, Euros, or other applicable currency based on your location.
You agree to pay all charges at the rates in effect and authorize recurring charges without needing prior approval, until you cancel.
We reserve the right to correct pricing errors and refuse any order, even after payment is requested or received.
FLOATING LICENSES
Hive 3D Vision operates on a Floating License basis, meaning licenses are required for each device type on which the Application is used. In this case the primary class for floating licenses is the:
· Headset:
Each active Apple Vision Pro or similar device in the future requires one (1) active headset subscription to Hive 3D Vision. Users may not operate more active headsets than the number of licenses subscribed to (referred to as ‘Seats’).
CANCELLATION POLICY
All purchases, including subscriptions, are non-refundable. You can cancel your subscription at any time by logging into your account settings or by contacting us at support@hive3dvision.com. Cancellations will take effect at the end of the current paid term, meaning you will still have access to the Application until the subscription period you have paid for ends.
If you are unsatisfied with our services or experience any issues with the Application, we encourage you to reach out to us at support@hive3dvision.com, so we can address your concerns or provide technical support.
PROHIBITED ACTIVITIES
You may only use the Application for its intended purpose. As a user, you agree not to:
· Engage in unauthorized activities, such as collecting user information for unsolicited emails or creating fake accounts.
· Advertise or sell goods and services through the Application without our written consent.
· Bypass or interfere with security features that protect the Application or restrict content access.
· Frame or link to the Application without authorization.
· Deceive us or others, particularly to access sensitive account details like passwords.
· Misuse support services or submit false abuse or misconduct reports.
· Use automated systems (e.g., scripts or data mining tools) to interact with the Application.
· Disrupt or strain the Application or its related networks and services.
· Impersonate another user or use someone else’s username.
· Transfer or sell your profile to others.
· Use the Application’s information to harass or harm others.
· Compete with us or use the Application for unauthorized commercial purposes.
· Decrypt, decompile, or reverse-engineer any software used in the Application.
· Attempt to bypass access restrictions set within the Application.
· Harass or threaten our employees or agents providing the Application.
· Remove copyright or proprietary notices from any content.
· Upload or transmit malicious software (e.g., viruses or Trojans) that disrupts others' use of the Application.
· Upload materials that act as spyware or collect user information (e.g., gifs, web bugs, or cookies) without permission.
· Use or develop unauthorized automated systems (e.g., robots, spiders, or scrapers) to access the Application.
· Defame or harm us or the Application in any way.
· Use the Application in ways that violate applicable laws or regulations.
· Any misuse of the Application as described above may result in the suspension or termination of your usage rights.
USER CONTRIBUTIONS
The Application may allow you to participate in interactive features such as chats, blogs, forums, and message boards. It may also give you the ability to create, submit, and share content, including text, video, audio, images, graphics, suggestions, or personal information (collectively referred to as “Contributions”). These Contributions may be visible to other users and third-party websites.
Therefore, any Contributions you submit may be considered non-confidential and non-proprietary. By making Contributions, you represent and warrant that:
· Your Contributions, including their creation, distribution, or public display, do not infringe on the intellectual property or other rights (e.g., copyright, patent, trademark) of any third party.
· You are the owner or have the appropriate rights, permissions, and licenses to use your Contributions and allow us, the Application, and its users to use them as described in these Terms.
· You have the necessary consent from any identifiable individuals in your Contributions to use their names or likenesses.
· Your Contributions are truthful, accurate, and not misleading.
· Your Contributions are not unsolicited advertisements, spam, pyramid schemes, chain letters, or any form of solicitation.
· Your Contributions are not obscene, offensive, violent, harassing, defamatory, or otherwise inappropriate, as determined by us.
· Your Contributions do not mock, ridicule, intimidate, or abuse others.
· Your Contributions do not promote the violent overthrow of any government or incite harm against others.
· Your Contributions comply with all applicable laws, regulations, and rules.
· Your Contributions do not violate the privacy or publicity rights of others.
· Your Contributions do not solicit personal information from individuals under 18 or exploit minors in any way.
· Your Contributions do not violate laws related to child protection, including child pornography.
· Your Contributions do not contain offensive remarks based on race, nationality, gender, sexual orientation, or disability.
· Your Contributions do not breach these Terms of Use or link to content that violates any laws or regulations.
· Any violation of these rules may result in the suspension or termination of your rights to use the Application.
CONTRIBUTION LICENSE
By posting your Contributions on the Application or linking your social media accounts, you grant us an unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, reproduce, sell, display, reformat, translate, and distribute your Contributions (including your image and voice) for any purpose, including commercial and advertising, and to create derivative works. This license applies to any media format or technology now known or developed in the future, and includes your name, company, or trademark if applicable. You waive all moral rights to your Contributions and confirm that no moral rights have been asserted.
You retain full ownership of your Contributions and any related intellectual property. We do not claim ownership, but we are not responsible for any statements or representations made by you in your Contributions. You are fully accountable for your own Contributions and agree to release us from any liability or legal action related to them.
We reserve the right to edit, recategorize, or remove any Contributions at our discretion, without notice. We are under no obligation to monitor your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Application may include links to external websites (“Third-Party Websites”) or contain content like articles, images, videos, software, and other materials originating from third parties (“Third-Party Content”). We do not monitor or verify the accuracy, relevance, or completeness of these Third-Party Websites or Content, and we are not responsible for them. This includes the content, accuracy, reliability, privacy practices, or policies of these Third-Party Websites or Content.
The inclusion of or links to Third-Party Websites or Content does not imply our endorsement. If you choose to access these Third-Party Websites or use Third-Party Content, you do so at your own risk. Once you leave the Application, these Terms of Use no longer apply. We recommend reviewing the terms, conditions, and privacy policies of any Third-Party Websites or applications you visit or use.
Purchases made through Third-Party Websites are handled exclusively by those external sites and companies, and we accept no responsibility for such transactions. You acknowledge that we do not endorse the products or services offered on these sites, and you agree to hold us harmless from any issues arising from such purchases. Furthermore, you agree to hold us harmless from any losses or harm resulting from your interactions with Third-Party Content or Websites.
SITE MANAGEMENT
We reserve the right, but are not obligated, to:
· Monitor the Application for any violations of these Terms of Use.
· Take legal action, at our discretion, against anyone who breaks the law or these Terms, including reporting users to law enforcement if necessary.
· Restrict or deny access to any of your Contributions, or parts of them, if we find it appropriate, without any limitation or notice.
· Remove or disable any files or content from the Application that are excessively large or place a burden on our systems, without notice or liability.
· Manage the Application to protect our rights and property, and ensure its smooth operation.
PRIVACY POLICY
We prioritize data privacy and security. By using the Application, you agree to our Privacy Policy, available on our website. Please note that the website and Application servers may be located in various countries. As a company based in Germany, we follow the data protection laws of the European Union (EU). If you access the Application from regions with different data privacy laws, by continuing to use the Application, you consent to your data being transferred to and processed in the EU.
TERM AND TERMINATION
These Terms of Use remain effective while you use the Application. We reserve the right, at our sole discretion and without notice or liability, to deny access to the Application (including blocking certain IP addresses) to anyone for any reason, including but not limited to violations of these Terms or any applicable laws.
We may terminate your access to the Application or delete your account and any content you posted at any time, without notice, at our discretion.
If your account is terminated or suspended, you are prohibited from creating a new account under your name, a false name, or the name of any third party. Additionally, we reserve the right to take legal action, including pursuing civil, criminal, or injunctive remedies.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove any content from the Application at any time, without notice, and at our sole discretion. While we may update information on the Application, we are not obligated to do so. Additionally, we can modify or discontinue all or parts of the Application without prior notice. We will not be responsible to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Application.
We cannot guarantee that the Application will always be available. Issues such as hardware or software problems, or necessary maintenance, may lead to interruptions, delays, or errors. We reserve the right to modify, suspend, or discontinue the Application at any time without notice. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access the Application during downtimes or discontinuation. These Terms do not obligate us to maintain, update, or support the Application, or to provide corrections, updates, or releases.
GOVERNING LAW
These Terms of Use and your use of the Application are governed by and construed in accordance with the laws of Germany, specifically the jurisdiction of Berlin, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this agreement.
DISPUTE RESOLUTION
If a dispute arises between you and us regarding these Terms of Use, the parties will first attempt to resolve it through informal negotiations. If these efforts fail, any unresolved disputes will be settled exclusively in the courts of Berlin, Germany.
Informal Negotiations: To minimize costs and expedite resolution, both parties (individually, a “Party” and together, the “Parties”) agree to try to resolve any dispute (“Dispute”) informally for at least 30 days before pursuing arbitration. The informal process begins when one Party sends written notice to the other.
Arbitration: If informal negotiations don’t resolve the issue, the dispute will be settled through binding arbitration.
DISCLAIMER
The Application is provided "as-is" and "as-available." You agree that using the Application and our services is at your own risk. To the maximum extent allowed by law, we disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a specific purpose, and non-infringement. We do not guarantee the accuracy or completeness of the Application’s content or any linked websites and will not be liable for:
· Errors, inaccuracies, or mistakes in content or materials,
· Personal injury or property damage resulting from your use of the Application,
· Unauthorized access to or misuse of our servers and any stored personal or financial information,
· Interruptions or halts in transmission to or from the Application,
· Bugs, viruses, trojans, or other harmful elements transmitted by third parties via the Application, or
· Errors or omissions in content or any loss or damage resulting from the use of content posted or transmitted through the Application.
We do not guarantee, endorse, or take responsibility for any product or service advertised by third parties through the Application, hyperlinked websites, or ads. We are not involved in or responsible for monitoring any transactions between you and third-party providers of products or services.
LIMITATIONS OF LIABILITY and LIABILITY COVERAGE
We, along with our directors, employees, and agents, will not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, revenue, or data, arising from your use of the Application, even if we have been warned of the possibility of such damages.
You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, and our officers, agents, partners, and employees harmless from any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees and costs) made by a third party due to or arising from:
· Your Contributions;
· Your use of the Application;
· Your breach of these Terms of Use;
· Your violation of the representations and warranties in these Terms;
· Your infringement of third-party rights, including intellectual property rights; or
· Any harmful act toward another user you’ve connected with via the Application.
We reserve the right to take control of any defense at your expense, and you agree to cooperate with our defense of such claims. We will make reasonable efforts to inform you of any claim, action, or proceeding subject to this indemnification as soon as we become aware of it.
USER DATA
We will store certain data that you transmit to the Application for managing its performance, as well as data related to your use of the Application. While we regularly perform routine backups, you are solely responsible for the data you transmit or any activity conducted through the Application. We are not liable for any loss or corruption of such data, and you waive any right to take legal action against us for any loss or corruption of your data.
MISCELLANEOUS
These Terms of Use, along with any policies or rules we post on the Application, represent the entire agreement between you and us. Our decision not to enforce any right or provision of these Terms does not mean we waive that right or provision.
These Terms of Use are enforceable to the fullest extent allowed by law. We can assign our rights and obligations to others at any time. We are not responsible for any loss, damage, or delay caused by factors beyond our control.
If any part of these Terms is found to be unlawful, void, or unenforceable, that part is considered separate and does not impact the validity of the remaining provisions. No partnership, joint venture, employment, or agency relationship is created between you and us as a result of these Terms or your use of the Application.
These Terms will not be interpreted against us simply because we drafted them. You also waive any defense based on the electronic nature of these Terms and the absence of physical signatures by the parties involved.
This Terms of Use is effective as of 21-10-2024
CONTACT US
In order to resolve a complaint regarding the Application or to receive further information regarding use of the Application, please contact us at:
Email: support@hive3dvision.com
Website: hive3dvision.com