Effective date: 20 March 2025
Before using our Platform, carefully review these Terms and Conditions (the "Terms"). By engaging with our Services, you enter into a binding legal agreement with augg.io s.r.o. ("augg.io", "we", "us" or “our”). For information about our personal data practices, please see our Privacy Policy.
Updates to the Terms. We may revise these Terms at any time, providing notice if revisions materially impact your use of the Services (e.g., changes to fees or license terms). We reserve the right to determine which revisions are material. In such cases, a 30-day notice will be provided via the Platform and/or your registered email. Should you disagree with the new Terms, you may terminate your use of the Services by delivering a termination notice before the changes take effect. Continuous use after the effective date of such changes implies acceptance of the modified Terms.
1. Definitions and Introduction
1.1. augg.io with its registered seat at Světova 523/1, 180 00 Prague 8, Czechia, ID No. (IČO): 173 94 155, registered in the Commercial Register maintained by the Municipal Court in Prague, File No.: C 371077.
1.2. Order Form. You can order the Services via the Order Form available on the Platform.
1.3. Important information. We would like to highlight some of the rights or obligations arising from the Terms which we consider as good to highlight or which may be considered as surprising for you:
The Terms and our mutual relationship is governed by Czech law even if it contains international (foreign) aspects.
Please note that if you provide us with wrong or incomplete data or information when registering the account on the Platform, we are not liable for any harm or damage which may be caused by that.
Please note that we are entitled, at our sole discretion, to disable the use of the account temporarily or completely if you breach your obligations under the Agreement or in connection with the use of the Platform, or you violate the applicable laws and generally binding legal regulations, depending on the severity of such a violation.
The materials and data contained in the Platform are protected by applicable copyright and trademark law.
1.4. Services. Any services provided to you by us, mainly through our website https://www.augg.io (Unity editor templates and anchor integration and CMS for virtual anchor management), plugins and/or our apps, e.g. LiDAR Scanning App (collectively the “Platform”). We expressly reserve the right to modify the Services within the meaning of Section 2389q of the Civil Code (i.e. changes to digital content), in particular, for the following reasons: adding/improving features, removing content, compliance with contractual obligations/legal requirements, technological development.
1.5. Third Party Services. Our Platform utilizes services, apps and plugins from third parties including, but not limited to, Unity Software Inc., Google LLC, Fauna Inc., and MongoDB Inc. etc. (the "Providers"). The Third Party Services available on the Platform that have not been developed by us or that have been made available by the Providers that are not affiliated with us, will be subject to Providers’ terms and conditions available on the Platform together with their description and pricing conditions in the section of the respective Third Party Service. Please review and comply with each Provider's terms and conditions.
1.6. You. The Primary Account Holder, who establishes an account on our Platform. As the Primary Account Holder, you possess the authority to add secondary users to your account, bearing full responsibility and liability for all actions and data management undertaken by them within the Platform. All communications, including notifications and billing, will be directed to you, and it is your obligation to manage user compliance with our Terms, safeguard account information, and ensure all users adhere to platform policies and applicable laws.
1.7. Regulation. As we provide certain services available on our Platform as an “intermediary service provider” and we operate the “online platform”, we need to comply with several EU regulations. These include the following:
Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (the “DSA”);
Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (the “P2B”).
These Terms specify the necessary information about the respective rights and obligations arising from the DSA and P2B regarding the illegal content on our Platform (DSA) and necessary transparency, fairness and effective redress for our clients and customers (P2B). The contact e-mail hello@augg.io and it is also a designated point of contact for you and for state authorities regarding the matters related to the DSA; it is possible to communicate with us in Czech and English.
2. Eligibility and Registration
2.1. B2B. To use the Services, the Third Party Services or Platform, you must be an entrepreneur as defined by Section 420 of Czech Act No. 89/2012 Coll., the Civil Code, which refers to individuals independently conducting profitable activities on their own account and responsibility, with the intention of doing so consistently for profit. By using the Services or the Third Party Services, you affirm this standing.
2.2. Many parts of our Platform may require registration. By registering, you agree to provide accurate, up-to-date information and to promptly update this information if it changes.
2.3. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. Inform us immediately if you suspect any unauthorized access or use of your account.
3. Usage Restrictions
3.1. You must not misuse the Services, the Third Party Services or Platform. For example, you must not:
3.1.1. Share or resell the Services or the Third Party Services without our explicit written permission;
3.1.2. Use the Services or the Third Party Services for any illegal or unauthorized purpose;
3.1.3. Attempt to gain unauthorized access to our systems or data;
3.1.4. Upload or share content that is harmful, offensive, or violates any party's rights;
3.1.5. Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform or Services or the Third Party Services (except to the extent this restriction is expressly prohibited by applicable law); and
3.1.6. Use any manual or automated software, devices or other processes (including spiders or other data mining tools) to “scrape” or download data from the Platform or from the Services or from the Third Party Services.
3.2. We reserve the right to, at any time and at no prior notice, limit, suspend, or terminate your access to the Services or the Third Party Services if you violate these Terms or if we believe that your actions could objectively harm us or others.
3.3. Indemnification. You agree to indemnify augg.io, protecting us from any losses, costs, liabilities, and expenses, including legal fees, that arise from your misuse or violation of the Platform or Services as stipulated in this section.
4. Availability of the Platform and Services
4.1. Additional Account Requirements. For seamless operation, the Platform and Services and the Third Party Services could require you to have certain external accounts (such as a Google Service Account and a Unity Pro Account) to fully use our Services/Platform or the Third Party Services. The specific requirements will be detailed on the Platform, and by submitting the Order Form, you affirm that you possess these necessary accounts and services. Without them, the Services and Platform and the Third Party Services may not operate at full capacity or as intended, for which we hold no liability should these prerequisites be disregarded.
4.2. Service Availability. We endeavor to maintain a high level of availability for the Platform and Services. There may be instances where our Services will be interrupted for essential maintenance and updates. Efforts will be made to schedule such maintenance during off-peak hours between 10:00 pm and 6:00 am CET, with the aim to minimize disruptions.
4.3. External Limitations. Note that despite our commitment, service availability may be compromised or degraded due to factors outside our control, including but not limited to, third-party actions not sanctioned by us (e.g., Third Party Services outage, cyber-attacks, technological failures, disruptions at data centers), internet connectivity issues, and force majeure events.
4.4. Your Infrastructure Impact. Your use of hardware, software, and technical infrastructure, or that of any secondary users, may influence the performance of the Services and the Platform. We disclaim responsibility for any impacts or ensuing issues emanating from such use.
4.5. Please report any functional disruptions, outages, limitations, or deteriorations of the Services or the Platform to email: hello@augg.io.
5. Fees and Payments
5.1. Some of our Services may be subject to fees. You can find our current fees on our Platform. All fees are non-refundable (unless otherwise mandated by applicable law).
5.2. If you choose to purchase a paid Service, you agree to pay the fees as quoted. Late payments may result in a suspension of your access to the Services. The remuneration amount stated in any Order Form, invoice, or other fee-related documentation from us is final and includes Value Added Tax (VAT), where applicable.
5.3. We will send invoices electronically to the email provided by you during registration. Ensure the email is accurate and please notify us of any changes to avoid billing issues.
5.4. Default Ranking. The default setting of the ranking of the content or the advertised Services during the users’ searching or browsing on the Platform is “recommended” (the “Default Ranking”). We also offer other ways to rank Services, by number of reviews or by lowest or highest price. Additional ways may be added. We do not provide identical Services as the Third Party Services to the users on the Platform, therefore there is no differential approach with respect to the Default Ranking.
6. Intellectual Property (IP) Rights and Licensing
6.1. augg.io's Proprietary Rights. All rights, title, and interest in and to the Platform, excluding the User Content, are and will remain the exclusive property of augg.io and its licensors. The Platform and its features are protected by copyright, trademark, and other laws of both the Czech Republic and foreign countries. Nothing in the Terms gives the user a right to use the augg.io name, our trademarks, logos, domain names, and other distinctive brand features without our explicit written permission.
6.2. Use of the Platform and our Services. Subject to the Terms, we grant you a personal, purpose-restricted, non-exclusive, non-transferable, non-sublicensable, revocable, and time-limited right to access the Platform and Services for your personal or internal business purposes.
6.3. User-Created Content. Users retain all intellectual property rights to the content they create, upload, or share on the Platform, unless otherwise specified on the Platform (the "User Content"). Additionally, the terms of Third Party Services Providers may impose certain limitations on the use of your User Content. You grant us, and the Providers of any Third Party Services used in connection with the Services, a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, distribute, display, and perform the User Content in connection with the operation, promotion (e.g. marketing materials, presentations, and advertisements) and improvement of the Platform and Services. This license persists for the duration of the proprietary rights associated with the User Content.
6.4. Our Use of the User Content. Except as prohibited by applicable law and in compliance with our Privacy Policy, we may disclose any information in our possession (including the User Content) in connection with your use of the Services, to (a) comply with any applicable law, regulation and/or order of a competent authority, (b) enforce these Terms, (c) respond to your requests for customer service, (d) protect the rights, property or personal safety of augg.io, our team, customers and business partners or (e) for any other legitimate purpose determined by us.
6.5. Third-Party Services. The Platform may enable users to connect to Third Party Services. You acknowledge and agree that augg.io is not responsible for the content, accuracy, legality, or any other aspect of such Third Party Services. The inclusion or connection to Third Party Services does not imply an endorsement by augg.io. Users must consult the respective terms of use and privacy policies of these Third Party services before accessing or using them.
6.6. Feedback. Any feedback, comments, or suggestions users may provide regarding augg.io or the Platform is entirely voluntary, and augg.io will be free to use such feedback, comments, or suggestions without any obligation to the user.
7. Content supervision
7.1. Content Control. We proactively look at content on Platform to make sure users follow these Terms. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through Platform.
7.2. Content Moderation. We would like to inform you about moderation of the content published on the Platform. We will never change the content published by user, however, we may check the content published by user on the Platform before and after its publication to ensure that such a content does not violate the Agreement, these Terms and general binding laws and regulations, and publish the content only after such check has been carried out or to delete such a content if it is already published. If the content published on the Platform violates the Agreement, these Terms and/or general binding laws and regulations, we may decide not to publish such a content or remove it from the Platform if it has been already published. Neither an algorithmic nor automated review of the content will be used, all the reviews will be strictly processed by humans.
7.3. Deleting the Content. If we decide not to publish or to delete the content according to clause 7.2, we inform the user about such a decision and its reasons via e-mail. If the user does not agree with such a decision, they may oppose our decision via e-mail within 15 days of its receipt. After such opposition, we, without undue delay, review our decision within 30 days through a committee consisting of at least three persons from our organization who were not involved in the original decision, and notify the user of the committee's decision by e-mail. Opposing the decision of the committee is not possible.
7.4. Impacts of Violation. In most situations, we will work with our users to resolve any potential violations and allow the user to continue using the Platform. Terminating accounts is not an action we take lightly and is done in only the most extreme cases. Please let us know if you see potential violations of these Terms.
7.5. Updates and Upgrades. We are constantly testing out new features with the goal of making the Platform better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these Terms, then we explain those differences in the test.
7.6. Content Reporting. If you consider some content published on the Platform to be illegal, you may report that via e-mail. It is possible to use the form attached to the Terms as Annex 1. Once we receive such a report, we confirm receiving the report to you via e-mail. We also, without undue delay, notify you about our decision in respect of the information to which the notice relates and provide you with the information regarding the possibilities for opposing such a decision.
7.8. Notice Information. If you miss or do not include some of the information as required by the form in Annex 1, you take into account that your notice may not be processed due to the lack of necessary information on our side.
8. Liability and Disclaimer
8.1. Services Provision. Our Services are provided "as is", without any warranties, other than set herein, either express or implied, to the fullest extent allowed by applicable law.
8.2 Liability Cap. augg.io is not liable for any indirect, incidental, special, punitive, or consequential damages, or losses of profits, revenue, or data arising from your use of the Services. Our total liability, under any circumstance and regardless of the claim basis, shall not exceed the total amount you paid us in the six months preceding the event causing the claim.
8.3 Liability Exceptions. The limitations in this section do not apply to damages caused by our fraud, gross negligence, or willful misconduct, or where such limitations are prohibited by applicable law.
9. Term and Termination
9.1. Term. The Term of our agreement shall commence on the date as specified in the relevant Order Form and shall automatically renew for successive terms equal to the initial term, unless you provide us written notice of non-renewal prior to the expiration of the then-current term via email or through the Platform.
9.2. Suspension. We reserve the right to suspend your access to the Platform immediately, if you fail to pay any undisputed amounts due within 5 days of the due date. Should a payment dispute arise, please notify us without delay after receiving the invoice, and we will act in good faith to resolve such dispute.
10. Governing Law and Jurisdiction
10.1. Czech Law. These Terms, and any disputes arising from or relating to the interpretation hereof, will be governed by and construed under the laws of the Czech Republic, without regard to its conflict of laws principles.
10.2. Czech Jurisdiction. Any disputes arising from or relating to these Terms, the Platform, or our Services will be subject to the exclusive jurisdiction of the competent courts of the Czech Republic. You hereby waive any claim of inconvenient forum.
11. Miscellaneous
11.1. Electronic Communication. augg.io may reach out to you via electronic means, especially via the Platform or email.
11.2. Assignment. You may not assign, subcontract, delegate, or transfer your rights or obligations under these Terms without augg.io's prior written consent. Any attempt to do so without consent is void. These Terms and any of the rights, duties, and obligations contained herein, are freely assignable by augg.io without any prior notice or consent.
11.3. Invalidity or unenforceability. If any part of any section of these Terms is held invalid or unenforceable, that part will be construed in a manner to reflect, as nearly as possible, its original meaning while remaining valid and enforceable or, if not possible, shall be deemed deleted and the remaining part of the section and/or of these Terms will remain in full force and effect.
