Last updated: September 15, 2024
Please read these terms before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms of Service:
Application means the software program provided by the Company downloaded by You on any electronic device, named CommonAR
Application Store means the digital distribution service operated and developed byApple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: California, United States
Company (referred to as either "the Company", "We", "Us"or "Our" in this Agreement) refers to CommonAR.
Device means any device that can access the Service such as a computer, a cellphone ora digital tablet.
Service refers to the Application.
Terms of Service (also referred as "Terms") mean these Terms andConditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms andConditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using theService, as applicable.
These are the Terms and Conditions governing the use of thisService and the agreement that operates between You and the Company. TheseTerms and Conditions set out the rights and obligations of all users regardingthe use of the Service.
Your access to and use of the Service is conditioned on Youracceptance of and compliance with these Terms and Conditions. These Terms andConditions apply to all visitors, users and others who access or use theService.
By accessing or using the Service You agree to be bound bythese Terms and Conditions. If You disagree with any part of these Terms andConditions then You may not access the Service.
You represent that you are over the age of 18. The Companydoes not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned onYour acceptance of and compliance with the Privacy Policy of the Company. OurPrivacy Policy describes Our policies and procedures on the collection, use anddisclosure of Your personal information when You use the Application or theWebsite and tells You about Your privacy rights and how the law protects You.Please read Our Privacy Policy carefully before using Our Service.
Our Service may contain links to third-party web sites orservices that are not owned or controlled by the Company.
The Company has no control over, and assumes noresponsibility for, the content, privacy policies, or practices of any thirdparty web sites or services. You further acknowledge and agree that the Companyshall not be responsible or liable, directly or indirectly, for any damage orloss caused or alleged to be caused by or in connection with the use of orreliance on any such content, goods or services available on or through anysuch web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, withoutprior notice or liability, for any reason whatsoever, including withoutlimitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entireliability of the Company and any of its suppliers under any provision of thisTerms and Your exclusive remedy for all of the foregoing shall be limited tothe amount actually paid by You through the Service or 100 USD if You haven'tpurchased anything through the Service.
To the maximum extent permitted by applicable law, in noevent shall the Company or its suppliers be liable for any special, incidental,indirect, or consequential damages whatsoever (including, but not limited to,damages for loss of profits, loss of data or other information, for businessinterruption, for personal injury, loss of privacy arising out of or in any wayrelated to the use of or inability to use the Service, third-party softwareand/or third-party hardware used with the Service, or otherwise in connectionwith any provision of this Terms), even if the Company or any supplier has beenadvised of the possibility of such damages and even if the remedy fails of itsessential purpose.
Some states do not allow the exclusion of implied warrantiesor limitation of liability for incidental or consequential damages, which meansthat some of the above limitations may not apply. In these states, each party'sliability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and"AS AVAILABLE" and with all faults and defects without warranty ofany kind. To the maximum extent permitted under applicable law, the Company, onits own behalf and on behalf of its Affiliates and its and their respectivelicensors and service providers, expressly disclaims all warranties, whetherexpress, implied, statutory or otherwise, with respect to the Service,including all implied warranties of merchantability, fitness for a particularpurpose, title and non-infringement, and warranties that may arise out ofcourse of dealing, course of performance, usage or trade practice. Withoutlimitation to the foregoing, the Company provides no warranty or undertaking,and makes no representation of any kind that the Service will meet Yourrequirements, achieve any intended results, be compatible or work with anyother software, applications, systems or services, operate withoutinterruption, meet any performance or reliability standards or be error free orthat any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor anyof the company's provider makes any representation or warranty of any kind,express or implied: (i) as to the operation or availability of the Service, orthe information, content, and materials or products included thereon; (ii) thatthe Service will be uninterrupted or error-free; (iii) as to the accuracy,reliability, or currency of any information or content provided through theService; or (iv) that the Service, its servers, the content, or e-mails sentfrom or on behalf of the Company are free of viruses, scripts, trojan horses,worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certaintypes of warranties or limitations on applicable statutory rights of aconsumer, so some or all of the above exclusions and limitations may not applyto You. But in such a case the exclusions and limitations set forth in thissection shall be applied to the greatest extent enforceable under applicablelaw.
The laws of the Country, excluding its conflicts of lawrules, shall govern this Terms and Your use of the Service. Your use of theApplication may also be subject to other local, state, national, orinternational laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicablelaw and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any timethereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if Wehave made them available to You on our Service. You agree that the originalEnglish text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify orreplace these Terms at any time. If a revision is material We will makereasonable efforts to provide at least 30 days' notice prior to any new termstaking effect. What constitutes a material change will be determined at Oursole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions,You can contact us:
· By email: info@commonar.com