Terms of Service for immmr App
Terms of Service for immmr Beta Test Ireland

Terms of Service for immmr App

of immmr GmbH, Winterfeldtstraße 21, 10781 Berlin (“immmr”, “we” “our”, or “us”)

1. Subject matter

1.1. immmr provides IP-based messaging and calling as well as other solely internet based communication services (“service”) across mobile and desktop devices. You can access the service on your smartphone mobile device through our app (“immmr app”) and via Chrome web browser. The provision, licensing and use of the immmr app is subject to these terms of service (“TOS”).

1.2. Value added services (“VAS”) such as landline and mobile calling are provided by and can only be purchased from designated partners of immmr (third-party-providers). immmr is not responsible for the provision of VAS and merely makes available the platform. The purchase and use of VAS from third-party-providers is subject to additional terms and conditions of the third-party provider.

1.3. immmr provides additional functions and credits (“extras”) that can be used for or in connection with the VAS. Extras can be purchased through the immmr website and through the immmr portal within the immmr app. These purchases are subject to the additional terms & conditions.

1.4. The Service is open to any person of at least 13 years. By using the Service you agree to use it solely for you own needs and in the context of a personal and non-commercial purposes.

2. Technical Requirements, Registration of User Account

2.1. The immmr app is available for the Android and the iOS operating system and can be downloaded from Google Play Store and Apple App Store. Installation of the immmr app requires certain technical specifications of your device (e.g. a certain version of your firmware). The service is also available on the current version of Chrome web browser.

2.2. To use our service you need to register an account. Registration requires a mobile device registered in a mobile phone network.

3. Availability of service

3.1. The immmr app and the service are provided free of charge. Use of data intensive functions of the service such as video calling result in high data transfer volumes and may lead to additional costs when you use the service with mobile data depending on your telecommunication plan.

3.2. Notwithstanding obligations resulting from agreements with third-party providers immmr is under no obligation to provide any level of availability of the immmr app or the service or maintain the operability of the immmr app on your device.

3.3. immmr may at its discretion refine, modify or update the service or the immmr app or offer the service against payment in the future.

3.4. Availability of the service can be limited due to restrictions of your network provider or network capacity.

4. Fair Use Policy, Cancellation of account

4.1. Use of the service is only permitted in accordance with these TOS.

4.2. Unfair use of the service occurs where your use is reasonably considered by us to be fraudulent, contrary to the intended use, or to adversely affect our service or other customers’ use of or access to the service or to ours or third party-provider’s communication networks.

4.3. In particular the following is considered not to be fair use:

  • Conveying, storing or making available of content that
    • is illegal by any applicable law or infringes on third party rights.
    • is offensive, obscene, hateful, intimidating, harassing, defamatory
    • incites, encourages or approves of such inappropriate conduct
    • contains falsehoods, misrepresentations, or misleading statements
    • impersonates someone
  • commercial use, including promotional communications, re-selling or arbitrage selling
  • use for the purposes of a call center
  • offering the service or parts thereof to third parties
  • relaying, rerouting, transmitting or forwarding of third party communication, indirect calls,
  • sharing of the communication service with third parties that are not participants of the same communication
  • using the service by or making it accessible to a software, a server or any other automated use, especially to make or mediate calls to certain or random numbers or users
  • keeping the service in use for other purposes than your private communication to another person or any use other than person-to person communications.
  • using the service for the purpose of generating traffic on the network
  • making calls to or accepting calls from numbers or telecommunication services that charge additional rates or to otherwise generate revenue or prompting payments to you or a third party
  • Group video calls exceeding a total call time of 750 minutes per month.
  • transmission of bulk communications any kind of Software interference, alteration or change of functionality of the immmr app.

4.4. The prohibition of unfair use as established in this section, equally applies to your use of VAS, notwithstanding any further regulations imposed by third-party providers.

4.5. If you are in breach of our fair use policy, we will may ask you to desist from such infringement. We also retain the right to cancel your access to the service in full or in part for any reasonable period of time without giving prior notice. We are allowed to assume a breach of the fair use policy if we detect certain communication patterns that are typically consistent with a breach of the fair use policy, for example repeated calls of unusual short or similar duration, communications to an amount of third parties that exceed the probable number of personally known contacts.

4.6. Cancellation of your account can result in loss of data, messages or other content sent or received through the service.

4.7. After our cancellation of your account you are not allowed to register under a different user name or different mobile phone number.

5. Rights of use

5.1. The immmr app is subject to intellectual property rights, in particular copyrights, of immmr.

5.2. You are granted a limited, non-exclusive, revocable right to run, display and use the immmr app for the purposes specified in this contract for the duration of the contract. immmr may limit the number of devices usable per account. Your rights only apply to the version of the app properly installed on your device and are non-transferable.

5.3. Unless required to exercise statutory rights under Copyright Law or stated otherwise in these terms, you are not allowed to:

  • rent out, lend or in any other way charge a third party for the use of the immmr app
  • retranslate, decompile, disassemble, alter, port, translate or change in any other way the immmr app,
  • duplicate, spread out, send, publicly display or in any other way make available to third parties the immmr app, or remove, supress or change any trademarks, logos or copyright remarks which are part of the immmr app, the service or any accompanying product.

5.4. Further restrictions may apply to additional functions by third-party providers.

6. Emergency Calls

The service does not support any type of emergency calling. By accepting this TOS you acknowledge and accept that you are not able to make emergency calls directly via all of your immmr apps and enabled devices.

In case you are using your immmr app on your mobile phone device with active and valid subscription with a mobile operator while dialing a national or internationally recognized emergency service number the native dialer will be launched, and the call will be placed over your carrier’s cellular network. You may additionally always be using your mobile phone for making emergency calls via your cellular provider as usual. In any event, the routing and transmission of the emergency call is being carried out by your mobile operator and immmr can therefore not be held liable in the event of a failure of transmission of emergency calls for technical reasons or due to the geographical situation of the user. Please note that personal computers, tablets and other devices are not suited to place emergency calls. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.

7. Data use and Data protection

7.1. Any information you directly submit to us during registration or the subsequent use of the service will be exclusively used for purposes of the contract.

The provision of the immmr services including the accessibility of your communination across different devices makes it necessary to store any content sent or received through the immmr service as well as the related traffic data for the duration of the user agreement. You can cause the definitive deletion of such content by immmr at any time by deleting it within the immmr app. Your consent is a prerequisite of the immmr service and can be withdrawn via termination of the user agreement in accordance with the applicable termination regulations.

7.2. We might use an e-mail-address you provide in connection with the use of our service to contact you about other goods or services by us. You can object to such contact at any time and without incurring any costs other than the regular transmission costs. Other than that immmr will not share your communication with anyone.

7.3. The protection of your personal data is governed by our Privacy Policy

8. Duration and Termination, Effect of Termination

8.1. The user agreement with immmr for the service starts with the successful completion of the registration process and is not limited by time.

8.2. You can terminate the user agreement for the service without any notice period at any time by deleting your account. Deletion of the immmr app does not terminate your user agreement.

8.3. Where you have either purchased VAS or Extras from us you have to observe the notice period and formal requirements determined in additional terms and conditions applicable. immmr has the right to suspend or terminate the service with a notice period of 5 days. Suspension or termination of the service does not affect your access to VAS or Extras.

8.4. When you delete your user account, immmr will delete all your data apart from those which have to be kept for mandatory legal reasons. Prior to deletion or in case of a notification of termination according to Sec. 8.3. you should back up your data.

9. Warranties, Disclaimer

9.1. The service is provided “as is” and free of charge. We make and you receive no warranties in connection with the immmr service, or modifications or improvements thereto, express, implied, statutory or in any other provision of this agreement or other communication by us.

9.2. We specifically disclaim all implied warranties, including warranties of:

  • non-infringement of third party rights by the immmr app or the service,
  • fitness for your and/or general purposes or arising from a course of dealing, usage or trade practice,
  • continued availability of the immmr app or the service, or timely remedy of any defects of immmr app.

10. Liability

10.1. immmr shall be liable as provided by applicable law without contractual limitations for any and all damages resulting from (i) any guarantee given by immmr or from any fault immmr knowingly did not inform about, (ii) any harm to life, physical integrity or health, (iii) any damages resulting from any breach of obligation committed with intent or gross negligence on behalf of immmr or on other intentional or grossly negligent behavior on behalf of any legal representative or assistant of immmr, or (v) the German law of product liability (ProdHaftG).

10.2. The third-party provider is solely responsible for the VAS. immmr does not assume any guarantee or liability, in particular on their flawlessness, sufficiency, freedom from third party rights, or economical usability of the VAS.

 

Terms of Service for immmr Beta Test Ireland

“Welcome to immmr, a service provided by immmr GmbH, Winterfeldstraße 21, 10781 Berlin (hereinafter “immmr”, “we” “our”, or “us”).

Summary of important restrictions and conditions for the use of the Beta Test Version:

  • virtual UK mobile phone number and 250 Minutes for worldwide us free of charge
  • Only for testing purposes,
  • Errors or interruptions may occur
  • No emergency calling
  • Private and fair use only
  • Usage data will be collected and analyzed
  • Test may be terminated at any time

1. Subject matter 

1.1. immmr provides IP-based messaging and calling as well as other solely internet based communication services (“Service”) across mobile and desktop devices. You can access the Service on your smartphone mobile device through our app (“immmr app”) and via Chrome web browser.

1.2. The Service is made available for testing purposes only and regulated by the following terms which are subject to German Law with the exception of its conflict law rules. The mandatory national consumer laws of the consumer’s country of origin remain unaffected.

2. Beta Test

2.1. During the Beta Test both the immmr app as well as the Service are provided in a Beta version.

2.2. For the duration of the Beta Test immmr provides you with the following additional features to the Service free of charge:

  • virtual UK mobile number (Direct Inward Dialing – DID)

Global Pass including 250 minutes.

2.3. The virtual DID number enables you to make and receive calls on any device as a mobile UK mobile number. The Minute Pass enables you to make calls to national and international destinations (fix and mobile numbers) for up to 250 minutes.

2.4. The Service is provided in the Ireland as a BETA-Test and might not provide all the features of the final product or the product as it is marketed outside of Ireland. Errors or interruptions regarding the immmr app or the Service might occur at all times.

2.5. You are responsible to safeguard your data, to use caution and not to rely in any way on the correct functioning or performance of the immmr app or the Service. We recommend to backup your data from your device, especially media files or contacts, before installing the Beta Test version and in regular intervals thereafter.

2.6. We will modify and improve the immmr app and the Service as deemed appropriate by us during the Beta Test without prior notice to you; however, we are under no obligation to make any modifications or improvements. We may restrict access or shut down the Service at any time during the Beta Test without giving prior notice.

3. Restrictions and Limits

3.1. The use of the Service is restricted to 150 minutes per month for calls that terminate on landlines or mobile phone numbers of third party networks. We may disconnect calls after a 2-hour duration.

3.2. Video calls are limited to 750 minutes per month. Once the limit has been reached, we may disable the video-functionality. The maximum of participants on a group video is limited to 4.

4. Fair Use Policy

4.1. Use of the Service is only permitted in accordance with this Fair Use Policy. Unfair use of the Service occurs where your use is reasonably considered by us to be fraudulent, contrary to the intended use, or to adversely affect our Service or other customers’ use of or access to the Service or to ours or third party-provider’s communication networks.

4.2. In particular the following is considered not to be fair use:

  • Conveying, storing or making available of content that
    • is illegal by any applicable law or infringes on third party rights.
    • is offensive, obscene, hateful, intimidating, harassing, defamatory
    • incites, encourages or approves of such inappropriate conduct
    • contains falsehoods, misrepresentations, or misleading statements
    • impersonates someone
  • commercial use, including promotional communications, re-selling or arbitrage selling
  • use for the purposes of a call center
  • offering the Service or parts thereof to third parties
  • relaying, rerouting, transmitting or forwarding of third party communication, indirect calls,
  • sharing of the communication Service with third parties that are not participants of the same communication
  • using the Service by or making it accessible to a software, a server or any other automated use, especially to make or mediate calls to certain or random numbers or users
  • keeping the Service in use for other purposes than your private communication to another person or any use other than person-to person communications.
  • using the Service for the purpose of generating traffic on the network
  • making calls to or accepting calls from numbers or telecommunication Services that charge additional rates or to otherwise generate revenue or prompting payments to you or a third party
  • Group video calls exceeding a total call time of 750 minutes per month.
  • transmission of bulk communications any kind of interference, alteration or change of functionality of the immmr app

4.3 If you are in breach of our Fair Use Policy, we may ask you to desist from such infringement. If you continue to or repeatedly breach the Fair Use Policy we may discontinue your access to the Service in full or in part for any reasonable period of time or terminate the Service without giving prior notice. We may assume a breach of the Fair Use Policy if certain communication patterns are typically consistent with a breach of the Fair Use Policy, for example repeated calls of unusual short or similar duration, communications to an amount of third parties that exceed the probable number of personally known contacts.

5. Rights of use

5.1. The immmr app is subject to intellectual property rights, in particular copyrights, of immmr.

5.2. You are granted a limited, non-exclusive, revocable right to run, display and use the immmr app for the purposes specified in this contract for the duration of the contract. immmr may limit the number of devices usable per account. Your rights only apply to the version of the app properly installed on your device and are non-transferable.

5.3. Unless required to exercise statutory rights under Copyright Law or stated otherwise in these terms, you are not allowed to:

  • rent out, lend or in any other way charge a third party for the use of the immmr app
  • retranslate, decompile, disassemble, alter, port, translate or change in any other way the immmr app,
  • duplicate, spread out, send, publicly display or in any other way make available to third parties the immmr app, or
  • remove, supress or change any trademarks, logos or copyright remarks which are part of the immmr app, the Service or any accompanying product.

5.4. Further restrictions may apply to additional functions by third-party providers.

6. Personal Data

6.1. By participating in the Beta Test you consent to the collection, transmission and further processing of your personal data as specified in these Terms.

7. Duration, Termination

7.1. The Beta Test runs for an indefinite time.

7.2. You can terminate this Beta Test user agreement without any notice period at any time by deleting your account. Deletion of the immmr app does not terminate your user agreement.

7.3. immmr has the right to terminate the Service with a notice period of 2 days. The notice period does not apply in cases of a violation of the fair use policy in sec. 4.

7.4. After termination of the Beta Test, you can switch your existing account to the unrestricted final Service after you have agreed to the applicable Terms of Service.

8. Warranties, Disclaimer, Liability

8.1. The immmr app and the Service are provided “as is” and free of charge. We make and you receive no warranties in connection with the immmr app or the Service, or modifications or improvements thereto, express, implied, statutory or in any other provision of this agreement or other communication by us.

8.2. We specifically disclaim all implied warranties, including warranties of non-infringement and/or fitness for your and/or general purposes or arising from a course of dealing, usage or trade practice.

8.3. immmr is only liable for intent and gross negligence. Further claims by you for damages and costs arising from any other cause are excluded, particularly claims arising out of breaches of contractual duties. We are only liable for material and legal defects in the Service in case of an intentional misrepresentation. Any further liability that immmr Service is free from material or legal defects is excluded. The limitation of liability does not apply to claims arising from loss of life, physical injury or damage to health or as far as immmr is liable under the German Product Liability Act (Produkthaftungsgesetz) or Sec. 44a German Telecommunication Act (Telekommunikationsgesetz).

9. Emergency Calls

The Service does not support any type of emergency calling during the Beta Test. Please make additional arrangements in order to access emergency services.”

 

Version: February 2017