These terms of service (as updated from time to time, the “Terms”) govern your access to and use of the AR Face Fighter Service (as defined below) and any sound recordings, videos, information, text, graphics or other content materials uploaded, downloaded or appearing on the Service whether utilised via the AR Face Fighter mobile app (the “App”) or via the AR Face Fighter website available at facefighterapp.com (the “Website”), (the Website and the App together the “Service”). Please read these Terms carefully before downloading or using the Service. By accepting these Terms, you agree to be bound by them. If you do not understand the Terms, or do not accept any part of them, then you should not use the Service. The Service is provided by code & co. UG (haftungsbeschränkt) (“we”, “us”, “code & co.“ “our” and “AR Face Fighter”) whose place of business is at Torstr. 117, 10119 Berlin, Germany.
2. The Service
2.1. AR Face Fighter is a fun AR game. It makes exclusive and unique use of the amazing capabilities of the iPhone X’s True Depth camera. Here’s how: The goal of the game is to replicate the beloved facial expressions of Emoji and by doing so quickly, collect points and climb the leaderboard. When a user begins playing, emojis fall from the top of the screen to the bottom of the screen. Users try to mimic the facial expressions of every emoji they see falling from the top of the screen. The iPhone X’s True Depth camera recognizes a user’s facial expression and then compares the user’s facial expression to the emoji’s facial expression. If there’s a match – i.e. if a user successfully mirrored the emoji’s facial expression before it has reached the bottom of the screen – the emoji is removed from the screen and the user is awarded points. Then, the next emoji falls from the top of the screen.
We may, from time to time, release new versions of our App, release new tools, or introduce new services and/or features for the Service, which will be subject to these Terms, and any additional terms of service as may apply to such additional versions, tools, services, or features.
2.2. We reserve the right to suspend, discontinue, withdraw, take down or amend all or part of the Service and all or part of the content available on the Service at any time to, for example, reflect changes to the law or new technical developments, temporarily or permanently. Any changes will take into account your reasonable interests, and we shall use our reasonable endeavours to notify you thereof in advance. Access to all or part of the Service may be restricted from time to time to allow for repairs, maintenance or updating. This may result in you not being able to use the Service until you have downloaded the latest version and accepted any new terms.
3. Access/Use of the Service
3.1. You can access the Service either: Via the App or via the Website.
3.2. To use the service you must be eighteen (18) years old or older. By signing up for the Service you promise to us that you accept these Terms and that: (a) you are 18 years of age or over, or (b) you are 13 years of age or over and have permission to use the Service from your parent or legal guardian. If we reasonably believe that you do not sufficiently fulfil these criteria, we may suspend your use of the Service until you have provided us with acceptable proof of age.
3.3. We advise parents who permit their children to use the Service to be aware that the Service is not intended for children under 18. The content made available on the Service is user generated and may not be suitable for children
3.4. To access our Service, you will need to register with us. To register, you must provide us with certain information about yourself, such as your email address, birthday, a username and password of your choosing. In some cases (e.g. for some operating systems), you also need to allow us to enable the geolocation function in order for us to provide the service. Your username will appear alongside any content you upload to the Service. You must make sure that your username complies with these Terms. Your registration with us is subject to our confirmation and will become valid when we either confirm your registration, or activate your account.
3.5. You are responsible for your account with us and any activity that takes place on your account, whether or not such activity was authorised by you. You must ensure that the details you provide to us are correct and kept up to date and that your password is, and remains, secure and confidential. You must inform us of any changes to the details you provided when registering with us. Your account is personal for your own, non-commercial use. You must not sell or transfer, or offer to sell or transfer, your account to any third party. If you want to use the Service or any content other than expressly permitted herein, including in a commercial way, you will need permission and need to get in touch with us first at allacessapp.com
3.6. We reserve the right to suspend or remove your account, cancel, reassign or disable your username or password and/or prohibit your use of the Service, without prior notice, if we (in our reasonable discretion) believe there may have been a breach of security or if activities occur on your account that we believe breach these Terms.
3.7. Access to and use of the Service requires a compatible device and internet connection. Although we are working to ensure that the Service is compatible across various devices, we cannot guarantee that the Service will work with all devices.
3.8. It is your responsibility to ensure that your device complies with the requirements. Your use of the Service may vary in functionality, availability and quality depending on the type of the device and the operating system that it uses and code & co. UG (haftungsbeschränkt) accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).
3.9. It is your responsibility to pay for all costs and expenses that you may incur while using the Service (including, but not limited to, all telephone call or line charges or Internet data service access charges).
4. Sales of Goods and Services Through AR Face Fighter
4.1. Merchant Services; Eligibility. Certain aspects of the Service allow for Users to purchase goods and services (“Goods”) from other Users and third-party merchants (the User who purchasing the good hereinafter referred to as the “Purchaser” and the User who is selling the good hereinafter referred to as the “Merchant” and such services hereinafter referred to as “Merchant Services”). In order to use the The Merchant services, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
4.2. Purchases. You are responsible for fully reading any product or service description prior to purchasing such product or service via the Merchant Services and agree that Merchants, not code & co., are solely responsible for establishing the terms upon which a product is sold. You agree to read and comply with all policies set forth by Merchants with respect to Goods, including a Merchant’s return, refund and shipping policies. You acknowledge and agree that it is the sole responsibility of the Merchant to identify, disclose and notify you of any applicable refund, exchange, or return policy with respect to Goods.
4.3. Disputes. You agree to contact the Merchant who sold you the Good directly with all inquiries regarding such Good, including complaints, problems and other issues you may have. code & co. has no obligation to handle or facilitate the handling of any disputes between Purchasers and Merchants. For avoidance of doubt, any disputes with code & co. shall be handled in accordance with the terms and conditions of this Agreement.
The Service may contain advertising and we may display advertising to you in conjunction with your use of the Service.
6.1. We may suspend or terminate your use of and access to the Service at any time and for any reason, in our sole discretion, including if we cease to provide the Service. Such suspension or termination shall be without prejudice to (and not be deemed a waiver of) any other claims that we may have against you. We shall use our reasonable endeavors to notify you in advance of any suspension or termination.
6.2. You may terminate your use of the Service at any time by deleting your account. Please note that, deleting the App from a device will not delete your account and profile, and any User Content that you have uploaded will remain on the AR Face Fighter Service. If you wish to delete your account and profile, please log in on our website. Once you are logged in, click on your profile-icon in the top right and select "Delete Account". Please note that if you delete your account, all User Content will automatically be deleted.
7. Delivery Schedule
Although we will make efforts to begin delivering goods as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery is only an estimate, is subject to change, and AR Face Fighter does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, AR Face Fighter is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation.
8. Other Terms
8.1. We reserve the right to change these Terms at any time subject to the following provisions. When we change these Terms, we will notify you in advance, and if you do not object, or use the Service after the notification, the revised Terms will be deemed accepted by you two (2) weeks after such notification. In our notification to you, we will inform you of the revised Terms, of the above time period, the deemed acceptance, your right to object the revised Terms and possible consequences. Accrued rights shall not be affected by a change of the Terms. The above shall not apply to material changes of the scope of our Services leading to a change in the overall contractual structure (“ Vertragsgefüge”). In such event, we will inform you of the intended changes and will offer you to continue your Agreement with us subject to the amended terms.
8.2. code & co. UG (haftungsbeschränkt) may assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. You may not transfer your rights or obligations under these Terms to anyone else.
8.3. Each of the provisions of these Terms operates separately. In the event that any of the provisions in these Terms are held to be unlawful or unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
8.5. No person who is not party to these Terms may enforce any term of it.
8.6. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with German law, with the exception of the provisions on the conflict of laws.
8.7 The parties hereby submit to the exclusive jurisdiction of the Berlin courts to settle any claim or matter arising in relation to these Terms or its subject matter or formation (including non-contractual disputes or claims).
Last Update: March 2018