Livemote Teleport is an augmented reality app to take notes and measurements over a video call in real time. It helps you to gain more time to yourself, reducing business trips, cost and worry.
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THE TERMS AND CONDITIONS AGREEMENT is a legal agreement between you (“Licensee”) and Livemote Srl (“Livemote”), the author of Livemote software, including all code files, graphics files, animation files, data files, technology, development provided pursuant to this agreement , which may include associated media, printed materials, and “online” or electronic documentation.
By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this document. If Licensee does not agree to the terms and conditions set forth in this document, the Licensee may not download, install, or use the Software.
The Licensee, therefore, should read the following terms and conditions carefully before accessing or using any Livemote product:
Access to the Services to direct competitors of LIVEMOTE is prohibited, subject to the prior written consent of LIVEMOTE. Furthermore, the Services cannot be used for the purpose of monitoring their availability, performance or functionality, or for any other benchmark or for competitive purposes.
The present general conditions are updated on June 16, 2022. They are effective between the customer and LIVEMOTE from the date on which the customer has subscribed to the service or accepted this agreement.
“Affiliate” means any entity that controls, directly or indirectly, is controlled by, or is subject to common control with, the entity in question.
“Control”, for the purposes of this definition, means the direct or indirect ownership or control of more than 50% of the voting interests of the entity.
“ Conditions “ means this General Terms and Conditions.
“Beta Services” means the services or functions of LIVEMOTE that can be available to the Customer to prove at its discretion, at no additional cost, the functions indicated as beta, limited version, developer preview, non-production, evaluation or similar description.
“Content” means the information obtained from LIVEMOTE from publicly available sources or from the relevant third-party content providers and made available to the Customer through the Services, Beta Services or in relation to an Order Form, as described in more detail in the Documentation .
“ Customer” means in the case of a person who accepts the general conditions of contract on his own behalf , the person himself , or in the case of a person who accepts these Conditions on behalf of a company or other legal entity, the company (or other legal entity) for which such individual accepts these Conditions.
“Customer data” means the data and electronic information sent by or to the Customer to the Services, with the exception of the “ non-LIVEMOTE “ content and Applications .
“Documentation” means the documentation of the Service and the relative guides and usage policies, updated from time to time, accessible through the LIVEMOTE website or sent by the LIVEMOTE staff to the Customer.
“Free services” means the services that LIVEMOTE makes available to the Customer free of charge. The free services exclude services offered as free trial (trial) and purchased services.
“Malicious Code” means code, files, scripts, agents or programs intended to cause damage, including, but not limited to , viruses, worms , time bombs and Trojans.
“Marketplace” means a directory, a catalog or an online marketing system for Applications that interact with the Services.
“Non-LIVEMOTE Application” means a functionality based on Web, mobile, offline or other software applications that interacts with the Service, provided by the Customer or a third party .
“Order Form” means an order document or an online order that specifies the Services to be provided that is signed between the Customer and LIVEMOTE, including any additions and supplements. The Order Form could be also signed electronically. Using in-app purchase to order Services is equivalent to signing an Order Form electronically.
“Purchased Services” means the Services purchased by the Customer by signing an Order Form or by purchasing through an online system both on web or in app, distinct from the free Services or provided in a free trial (trial).
“Services” means the products and services ordered by the Customer on the basis of an order form or online purchase portal or provided free of charge to the Customer (if applicable) and made available online by LIVEMOTE.
“User” means an individual who is authorized by the Customer to use a Service for which the Customer has purchased a subscription (or in the case of any Service provided by LIVEMOTE free of charge, for which a Service has been provided), and for which the Customer (or in the case the same LIVEMOTE at the Customer’s request) has provided a user ID and a password (for the Services that use authentication). Users, by way of example but not limited to, may include employees, consultants, contractors and agents of the Customer and third parties with whom the Customer transacts business
“Guest User” means an individual who is engaged to use LIVEMOTE by a User or a Customer. The Guest User must accept the Conditions to use LIVEMOTE Service, the Service for the Guest User will be free of charge.
LIVEMOTE (a) make available to the Customer the Services and Content in accordance with these Terms and the relevant Order Forms and Documents, (b) provide the customer support LIVEMOTE standard applicable to the Purchased Services at no additional cost and / or will provide additional support if purchased, (c) will put in place any commercially reasonable effort to make available the Services purchased online 24 hours a day, 7 days a week, except for: (i) planned downtime (of which LIVEMOTE must provide an advance electronic notification) and (ii) any unavailability caused by circumstances beyond the reasonable control of LIVEMOTE, including, for example, an act of government, floods, fires, earthquakes, civil disturbances, acts of terrorism, strikes or other work problems (other than those involving LIVEMOTE employees), problems with the Internet service provider or slowdowns, Non-LIVEMOTE applications or hacker attacks Denial of Service – DoS – and (d) will provide the Services in accordance with the laws and legal regulations applicable to the provision of LIVEMOTE of the Services, to all its customers (ie, without regard for the particular use of the Services by the Customer) in accordance with these conditions, the Documentation and the related Order Form.
LIVEMOTE will maintain adequate administrative, physical and technical guarantees for the protection of the security, confidentiality and integrity of the Customer Data, as described in the Documentation. These security measures include, among others, those designed to prevent unauthorized access or disclosure by figures other than the customer or the Client and Members of Customer Data. For the purposes of the general terms and conditions the customer and his affiliates are each data exporters. The subscribers of the Order Form that accept these will be considered as the execution of the standard contractual clauses and the appendices themselves.
At the request of the Customer, carried out within 30 days from the effective date of termination or expiration of the contract, LIVEMOTE will make available to the Customer the contents uploaded into the platform by the Customer for export or download as provided in the Documentation. After this 30-days period, LIVEMOTE will have no obligation to preserve or supply the contents of the Customer and, as provided in the Documentation, will eliminate or destroy all copies of the Customer’s contents in its systems or otherwise in its possession or control.
The Customer’s personal data will be stored on European servers, in compliance with the GDPR regulation, specifically at AMAZON PARIS CLOUD.
LIVEMOTE will be responsible for the performance of its personnel (including its employees and contractors) and their compliance with the obligations of LIVEMOTE pursuant to these Conditions, unless otherwise specified in this Agreement.
From time to time, LIVEMOTE may make the Beta Services available to the Customer at no cost. The Customer may choose to try or not to try such Beta Services at its sole discretion. Any use of the Beta Services is subject to acceptance of the terms of the Beta Services.
LIVEMOTE may make the Services available free of charge to the Customer. Use of the free services is subject to the terms and conditions indicated here. In case of conflict between this section and any other part of these Conditions, this section will be the reference one. Free services are provided to the Customer free of charge up to certain limits, as described in the Commercial Offer. Use beyond these limits requires the Customer to purchase additional resources or services. The Customer accepts that LIVEMOTE, in its sole discretion, may interrupt the Customer’s access to free Services or part of them. The Customer accepts that any termination of the Client’s access to the free Services can take place without prior notice and the Customer acknowledges and accepts that LIVEMOTE will not be liable to the Customer or third parties for such termination. The Customer is solely responsible for exporting the content uploaded into LIVEMOTE before the Customer’s termination of the free Services, except as provided by law, LIVEMOTE will provide the Customer with a reasonable opportunity to retrieve their data.
Notwithstanding what is indicated in the “declarations, guarantee and disclaimers “ sections, the free services are provided “as is” without any guarantee. LIVEMOTE has no obligation of indemnity or liability of any kind with regard to the services. LIVEMOTE, its affiliates and its licensors do not guarantee the customer that: (a) the use of the free services by the client will satisfy the customer’s requirements, (b) the use of the customer’s free services will be uninterrupted , secure or error-free and (c) the usage data provided through the Free Services will be accurate.
Having nothing to complain about in the following “limitation of liability” section, the customer will be held completely responsible towards LIVEMOTE and its affiliates for any damage resulting from improper use of free services and from any violation by the Conditions customer.
Unless otherwise indicated in the Order Form or in the Documentation, (a) the Services and access to the Contents are purchased as subscriptions for the term indicated in the Order Form or in the purchase portal or online or in app, (b) the subscriptions for the Services Purchased may be incremented during the subscription period at the same price subscribed at the time of acceptance of an order form, prorated for the portion of remaining period of subscription to the time of addition and (c) any subscriptions added following the initial purchase will end on the same date as the signing of the Order Form. The Customer accepts that his purchase choice does not depend on the provision of future features or characteristics hypothesized through oral or written public presentations made by LIVEMOTE regarding future features or characteristics.
The services and contents are subject to the limits of use specified in the Order Forms and in the documentation. If the customer exceeds a contractual use limit, LIVEMOTE can support the customer to find suitable solutions to reduce its use so as to fall within the limit. If, despite the efforts of LIVEMOTE, the Customer is unable or unwilling to comply with a contractual usage limit, the Customer will be sent by LIVEMOTE an additional supplementary Order Form for additional quantities of the Services or Content or, otherwise, must pay a final balance for excess turnover in accordance with the “Billing and payment” section indicated below.
The Customer will be responsible: (a) for the failure of their Users to comply with these general terms and conditions, (b) the accuracy, quality and legality of the contents uploaded by the Customer, the means with which the Customer has acquired the contents of the Client, of the use of the Client’s contents by the Customer with the Services and the interoperability of any non-LIVEMOTE Application with which the Customer uses Services or Content, (c) to instruct its Users and Guest Users about the prohibition to upload, generate, distribute or otherwise publish on the LIVEMOTE application or on non-LIVEMOTE applications possibly connected to LIVEMOTE, contents deemed illegal, offensive or otherwise unlawful (d) to apply all measures to prevent access or unauthorized use of Services and Content and promptly inform LIVEMOTE of such uses or unauthorized access, (e) to use Services and Content only in accordance with these Conditions, with the Documentation , with the Order Forms and the laws and regulations in force, and (f) to comply with the terms of service of any non-LIVEMOTE Application with which the Customer uses Services or Content. Any use of the Services in violation of the foregoing by the Customer or the Customer Users that in the judgment of LIVEMOTE may threaten the safety, integrity or availability of the services of LIVEMOTE, may result in the immediate suspension of the Services by LIVEMOTE; however LIVEMOTE, where possible, will provide the Customer with a timely communication containing a solution to remedy this violation or threat before such suspension.
3.4 Use restrictions. It is expressly forbidden for the customer to: ( a ) make any Service or Content available to anyone other than the Customer or Customer’s Users, or use any Service or Content for the benefit of any person other than the Customer or its Affiliates, unless expressly stated in a Form Order or Documentation, (b) sell, resell, license, sublicense, distribute, make available, rent or lease any Service or Content, or include any Services or Content in outsourcing services, (c) use a Non-LIVEMOTE Service or Application to store or transmit illicit, defamatory, or otherwise illegal or illicit material, or to store or transmit material in violation of third-party privacy rights, (d) use a non-LIVEMOTE Service or Application to archive or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (f) attempt to gain unauthorized access to any Service or Content or related systems or networks, (g) allow direct or indirect access or use of any Service or Content in a way that circumvent a contractual usage limit, or use any Service to access or use any intellectual property of LIVEMOTE except as permitted by the Order Form, the Conditions and the Documentation, (h) modify, copy or create derivative works based on a Service or any part, feature, functionality or user interface thereof, (i) copy the Content except as authorized herein , in an Order Form or in the Documentation, (j) duplicate or replicate any part of any Service or Content, with the exception of transmitting on the Client’s intranet or otherwise for its own internal business purposes or as permitted in the Documentation, (k) except to the extent allowed authorized by law, disassemble , reverse engineer or decompile a Service or Content or access it to (1) create a competing product or service , (2) create a product or service using ideas, features, functionality or similar graphics of the Service, (3) copy any ideas, features, functionalities or graphics of the Service, or (4) determine if the Services fall within the scope of any patent.
3.5 Removal of Non-LIVEMOTE Content and Applications. If the customer receives notice that the Content, or a non-LIVEMOTE Application must be removed, modified and / or disabled in that they violate the law, the rights of third parties or the policy of use of Services exposed through APIs, the client must comply promptly. If the customer does not undertake work in accordance with the above, or if at the discretion of LIVEMOTE, LIVEMOTE have the right to disable the Application, the Service and / or Application non-LIVEMOTE. At the request of LIVEMOTE, the Customer must confirm this cancellation and interruption of use in writing and LIVEMOTE will be authorized to provide a copy of this confirmation to interested third parties or authorities that, according to the case, should make a legitimate request. Furthermore, if LIVEMOTE is required by any third party rights holder to remove the Content, or receives information that the Content provided by the Customer may violate the law or the rights of third parties, LIVEMOTE may interrupt the Customer’s access to the Content through the Services.
LIVEMOTE or third parties may make available (for example, through a Marketplace or any other solution) third-party products or services, including, for example, non-LIVEMOTE Applications, activities related to their implementation or integration and other consulting services. Any purchase by the Customer of such products or services and any exchange of data between the Customer and any non-LIVEMOTE supplier, product or service is the sole responsibility between the Customer and the non-LIVEMOTE supplier. LIVEMOTE does not certify or support non-LIVEMOTE or other non-LIVEMOTE products or services applications, regardless of whether they are listed or not by LIVEMOTE as “certified” or otherwise, except as expressly provided in an Order Form. LIVEMOTE is not responsible for any disclosure, modification or cancellation of Customer Data deriving from access by such non-LIVEMOTE Applications or their suppliers.
The Services may contain features designed to interoperate with non-LIVEMOTE Applications. LIVEMOTE cannot guarantee the continuous availability of these features of the Service, and may cease to provide it without recognizing the Customer any refund, credit or other compensation, if, by way of example, the provider of non-LIVEMOTE application ceases to support interoperability between the Application Non-LIVEMOTE and the corresponding Service functions.
The Customer is required to pay the rates specified in the Order Forms. Unless otherwise specified here or in an Order Form, (i) the rates are based on subscription to the Services and not on their actual use, (ii) the payment obligations subscribed cannot be canceled and the rates paid are not redeemable and (iii) the quantities purchased cannot be reduced during the purchased subscription period.
The Customer, as an alternative to signing the Order Form, may send LIVEMOTE a purchase order (PO) or an alternative document reasonably acceptable for LIVEMOTE. Payments must be made in advance, annually or in accordance with the billing frequencies indicated in the Order Form. LIVEMOTE will bill the Customer, or third parties indicated by the Customer, in advance and in any case in compliance with the relevant Order Form. Unless otherwise stated in the Order Form, the invoiced rates are due within 30 days of the invoice issue date. The Customer is responsible for the complete and accurate supply of invoicing data, including the data necessary for sending by electronic invoice and contact information and for notifying LIVEMOTE of any changes to such information.
5.3 Interest on late payments. If the amount of the invoice is not paid by the Customer to LIVEMOTE by the due date, without prejudice to the rights of recourse of LIVEMOTE, (a) these amounts may accrue late interest at the rate of 1.5% of the outstanding balance at month of non-payment, or applying the maximum rate allowed by law, whichever is less, and / or (b) LIVEMOTE can condition future renewals of the subscription and order forms with payment terms shorter than those specified in the “Billing and payment” section below.
If any debt owed by the Customer under this or other service contracts has expired for 30 days or more, LIVEMOTE may, without prejudice to other rights and reimbursements, change the payment obligations entered into and not paid by the Customer in such a way that all obligations are immediately payable and at the same time Livemote can suspend the Services until full payment of these amounts.
5.5 Payment disputes. LIVEMOTE reserves the right not to exercise its rights temporarily on the basis of the “Expenditure exceeding” or “Suspension of service” section indicated above if the Customer has a reasonable and in good faith dispute of the applicable tariffs and if he is working diligently to resolve the dispute.
Without prejudice to the limited rights expressly granted below, LIVEMOTE, its Affiliates, its licensees and content providers reserve all rights, titles and interests relating to the Services and Content, including all related intellectual property rights. No rights other than those expressly provided for in the present Conditions are granted to the Customer.
The Customer has the right to access and use the Content based on the terms of the applicable order forms, these Conditions and the Documentation.
The Customer and the Guest User grant LIVEMOTE, its affiliates and contractors applicable worldwide, a limited-term license to host, copy, use, transmit and display all non-LIVEMOTE applications, program code created by or for the customer using the service or for the use by the Customer with the Service, and its own Data necessary for LIVEMOTE to provide and guarantee the correct functioning of the Services and associated systems in accordance with these Conditions. If the Customer chooses to use a non-LIVEMOTE Application with a Service, it grants the non-LIVEMOTE application and its respective supplier access to the data and information on the use of the non-LIVEMOTE Application as necessary for interaction of the non-LIVEMOTE Application with the Service. Subject to the limited licenses granted herein, LIVEMOTE does not acquire from the Customer and its licensees any right, title or interest under this Agreement relating to any Customer Data or Content, non-LIVEMOTE Application or related development codes.
6.4 Customer’s license to use feedback and suggestions. The Customer grants LIVEMOTE and its Affiliates a license at international level, perpetual, irrevocable, exempt from copyright to use and incorporate in its services any suggestion, request for improvement, recommendation, correction or other feedback provided by the Customer or by the Users in relation to the operation of LIVEMOTE or its Affiliate Services.
“Confidential Information” means all information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), both orally and in writing, which is designated as confidential or which, reasonably, should be considered confidential given the nature of the information and the circumstances of the disclosure. Customer’s confidential information includes customer data; LIVEMOTE’s Confidential Information includes the Services and Content, the terms and conditions of these Terms and all Order Forms (including prices). The confidential information of each party includes, among others, by way of example, business and marketing plans, technological and technical information, plans and projects for products and company processes disclosed by that party. However, Confidential Information does not include any information that (i) is or generally becomes known to the public without violating any obligation to the disclosing party, (ii) was known to the receiving party prior to its disclosure by the disclosing party without the infringement of any obligation due to the Disclosing Party, (iii) is received by a third party without violating any obligation towards the disclosing party, or (iv) has been independently developed by the receiving party. For the avoidance of doubt, the non-disclosure obligations set forth in this “Confidentiality” section apply to confidential information exchanged between the parties in connection with the evaluation of additional LIVEMOTE services.
With respect to the parties, each party retains all proprietary rights with respect to its confidential information. The receiving party will use the same degree of care it uses to protect the confidentiality of its confidential information of the same type (s) do not use any confidential information of the party reveals for any purpose outside the scope of the Order Form and (ii) unless otherwise authorized by the disclosure party in writing, restrict access to the disclosing party’s Confidential Information to those of its employees and contractors and its Affiliates who need such access for purposes consistent with the order and that in turn have signed confidentiality agreements with the receiving party containing protections no less protective than the Confidential Information with respect to those contained herein. Neither party will disclose the terms of conditions and / or any Order Form to third parties other than its Affiliates, legal and accounting consultants without the prior written consent of the other party, provided that the party who makes such disclosure to his Affiliate, legal or accounting consultant, he verifies that his Affiliate, legal or accounting consultant abide by the same obligations provided by the “Confidentiality” section of these general conditions. Notwithstanding the foregoing, LIVEMOTE may disclose the terms contained herein and any Order Form to a subcontractor or Non-LIVEMOTE Application Provider to the extent necessary to fulfill the obligations of LIVEMOTE pursuant to these conditions, according to materially protective confidentiality terms such as established in this document.
In case of a legal person, the customer declares to have signed the order form and the relative general conditions as the legal representative or as a subject provided with the appropriate subscription rights.
LIVEMOTE guarantees that during the subscription period (a) the general conditions and the order forms will accurately describe the administrative, physical and technical guarantees applicable for the protection of the security, confidentiality and integrity of the Customer Data, (b) LIVEMOTE undertakes not to reduce the overall security of the Services, (c) the Services will be physically delivered in compliance with the documentation provided, and (d) in relation to the “Integration with non-LIVEMOTE Applications” section above, LIVEMOTE will not reduce the overall functionality of the services. For any breach of a warranty described above, the Customer’s exclusive remedies are those described in the “Resolution” and “Refund or payment following termination” sections below.
In addition to what is expressly provided for above, no further guarantee, except the legal one, will be provided by LIVEMOTE. The beta content and services are provided “as is” and as such exclude any kind of warranty.
Under no circumstances will LIVEMOTE’s liability together with all its affiliates arising from or in relation to the service provided exceed the total amount paid by the customer in the twelve months preceding the event from which the contractual or extra-contractual liability is derived and in any case will not suspend the customer’s payment obligations indicated in the “rates and payments” section above.
In no case LIVEMOTE is responsible for any direct or indirect damages deriving from the loss of profit or revenue of the customer in relation to direct, indirect, consequential and / or related use of the service provided
The Contract starts from the date on which the Customer accepts it and continues until all the subscriptions are expired.
The end of each subscription will be specified in the Order Form. Unless otherwise specified on the Order Form, subscriptions will be automatically renewed for additional periods equal to the end of the expiring season ticket or one year (whichever is shorter), unless each party provides notice of termination with notice of at least 60 days before the natural expiry date. The unit price during each renewal period, may increase up to a maximum of 7% on the price applied in the previous term, unless LIVEMOTE provides the Customer with a different price notification at least 60 days before the renewal date except for Services purchased via in-app. In case of price increase of Services Purchased via in-app the User must express consent to the new price that will be shown in-app before the renewal, otherwise the subscription will expire at the end of the related billing cycle along with the Services provided. Except as expressly provided for in the Order Form, the renewal of promotional or single-price passes will be at LIVEMOTE list price in effect at the time of renewal. In case of renewal in which the volume of subscriptions for any of the services has decreased compared to the previous term, this will involve an evaluation of the validity of the renewal, regardless of the unit price of the previous term.
Each party may terminate the agreement for just cause or breach of even one of the general conditions provided (i) giving anyway 30 days written notice to the other party. In this case, LIVEMOTE reserves the right to resolve the violation by the end of this period, rendering the termination by the client ineffective or (ii) if a party is subject to bankruptcy proceedings or any other proceeding relating to insolvency, liquidation , to enforcement, or to the assignment of assets for the benefit of other creditors.
In the event of early termination without a just cause, the Customer is obliged to pay the fees due to LIVEMOTE for the entire duration of the contract.
The sections called “Free Services”, “Rates and Payments”, “Property Rights and Licenses”, “Confidentiality”, “ Disclaimers “, “Limitation of Liability”, “Refund or Payment at Termination”, “Removal of Content and non-LIVEMOTE Applications”, the “Provisions valid after termination” and the “General provisions” will remain in force even following any termination or termination of the contract and the section entitled “Protection of Customer Data” it will remain in force even in the event of termination or expiration of the contract until LIVEMOTE retain ownership of the client data.
If a provision of these general conditions should be deemed contrary to the law by a court of competent jurisdiction and the provision deemed to be null and / or invalid, the remaining provisions will remain in effect.
None of the parties may assign any of their rights or obligations arising from the signing of the Order Form of the general conditions without the prior written consent of the other party (which can be denied only with justification); however, each party may assign the contract in its entirety, without the consent of the other party to its Affiliates or in relation to a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets. Notwithstanding the foregoing, if a party is sold to a third party, substantially sells all of its assets to a third party, or undergoes a change of control in favor of a third party who is a direct competitor of the other party, then that other party may resolve the contract upon written notice.
All communications relating to the contract must be sent to LIVEMOTE srl, Via Molinara 33/2, 52100 Arezzo (Italy) or via Legal Email to livemote@pec.it
All communications relating to the contract must be in writing and will take effect at (a) delivery by hand with acknowledgment of receipt, (b) the next working day if the receipt is sent by registered mail or (c), on the day sending via Legal Email to the address livemote@pec.it . The billing communications to the Customer will be addressed to the relevant billing contact communicated by the Customer upon signing the Order form. All other communications to the Customer will be addressed to the administrator of the Services system communicated by the Customer.
For any dispute arising regarding the execution and / or interpretation of the contract, including the causes relating to the payments, the Court of Arezzo (Italy) is conventionally agreed as the exclusive competent court
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Livemote Teleport is an augmented reality app to take notes and measurements over a video call in real time. It helps you to gain more time to yourself, reducing business trips, cost and worry.
