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Terms of Service

These Terms of Service („Terms“) cover your (“User”) use and access to the Food Photo app – “Plateau – Change Your Background” (“App”) provided by plateau-app.com (“plateau-app” “we”). Our Privacy Policy explains how we collect and use your information. By using the App, you (“User”) agree to be bound by these Terms, and also accept our Privacy Policy.

If you do not agree to them, do not use the app or access the service from it.

1. Acceptance of Terms

This App service is offered to you conditioned on your acceptance without modification, of the Terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that are published by Plateau-app, (collectively, the „Terms“). The following Terms govern your access to and use of the App’s Services and other features, functionality, products, and services we offer or make available (collectively, the „Services“). Your use of the Service constitutes your agreement to all such Terms. These Terms may be updated by us from time to time. Your continued use of the App/Service confirms your acceptance of the updated Terms. These Terms of Service apply to all users of the App.

2. Scope and Grant of License

This license granted to you by Plateau-app for use of the App is limited to a non-transferable, non-exclusive license to use the App for the purpose of exchanging the background of pictures of a plate taken from the bird’s eye perspective. The plate becomes cropped automatically. The app provides a default set of backgrounds and offers an in-app purchase feature for more backgrounds. After exchanging the background the user can save the image on his device and share the picture on social networks.

You may not distribute or make the App available over a network. You must not remove or alter any copyright notices on any and all copies of the App. You may not rent, lease, lend, sell, redistribute or sublicense the App. You agree not to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App).

Any attempt to do so is a violation of the rights of Plateau-app. If you breach this restriction, you may be subject to penalties. The terms of the license will govern any add-ons/upgrades provided by Plateau-app that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Any information supplied by Plateau-app or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any Product/Application which is substantially similar to Plateau. Requests for information should be directed to Plateau-app – info@plateau-app.com.

3. Ownership and Copyright

Plateau-app owns all right, title, and interest in and to the Plateau app. The App is licensed, but not sold. All intellectual property in the App and its content belong to Plateau-app or its Licensors. Users should adhere to the related Terms and Conditions. The structure, organization, and code of the App are the valuable trade secrets and confidential information owned by Plateau-app.com. The App is protected by copyright and other intellectual property laws and treaties, including, without limitation, the copyright laws, International Treaty provisions and applicable laws in the country in which it is being used. All rights not expressly granted herein are reserved by Plateau-app.com.

4. Changes

Plateau-app reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to User, and is not obligated to support or update the Service. The amended Terms and Conditions of this agreement shall be effective immediately after they are initially posted on the Site. User’s continued use of the App/Service after the posting of the amended Terms on the Site constitutes User’s affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that Plateau-app shall not be liable to User or any third party in the event that Plateau-app, exercises its right to modify or discontinue all or part of the Service.

5. Accessing the App/Service

In order to access the services of the App, you can download the App free of any charges from Apple, Google or other providers and using the respective account. Plateau in-app purchase feature allows you to purchase either single background or in bundles. Different purchase offers carry different price tags. Purchase can be made through Apple, Google or other providers. By electing to use the App/services, you confirm that the information provided by you in your Apple, Google or any other account is true, accurate, current, and complete information about yourself (such information being the “Registration Data”), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the App Services.

You agree to notify Plateau-app immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your account by any third party.

6. Privacy Policy

We respect your privacy and the use and protection of your Information. Plateau-app collects certain information when you link your account with Apple, Google or any other account. Such information and data collected by us about Users will be treated as confidential and protected and used by us in accordance with our privacy policy. You can review the most current version of our Privacy Policy at any time at: http://plateau-app.com/privacy-policy/.

7. Links

The App provides only internal links to plateau-app.com website, to the Privacy policy, Terms of Service, etc. pertaining to the App.

8. User Conduct/Lawful Use

User agrees that use of the App is subject to all applicable International, National, Federal, state, and local laws and regulations. The User agrees to abide by these laws. User agrees to use the App for lawful purposes only.

You agree:

  1. not to use Plateau for illegal purposes;
  2. not to interfere or disrupt networks connected to Plateau, introduce malicious codes;
  3. to comply with all regulations, policies and procedures of networks connected to Plateau;
  4. not to resell or transfer your access to the service to any third party;
  5. not to restrict any other visitor from using the service, or make it difficult to use the service;
  6. to act responsibly, treat other App Users with respect and not violate their rights;
  7. not to modify, adapt, sublicense, translate, sell, reproduce, make unauthorized commercial use, distribute copies or publicly display any portion of the Service or any part of the App content except as permitted;
  8. not to manipulate Plateau-app systems or assist anyone in misusing Plateau in any way;

In case of any violation of these Terms Plateau-app, reserves the right to suspend/terminate its services to you and seek all remedies available by law and in equity for such violations.

9. Disclaimer

Services „AS IS“

TO THE FULLEST EXTENT PERMITTED BY LAW, PLATEAU-APP.COM, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT PLATEAU AND THE SERVICES. THE SERVICES ARE PROVIDED „AS IS“ AND “AS AVAILABLE” BAIS FOR YOUR USE. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PLATEAU-APP IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS, EVEN IF PLATEAU-APP, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Plateau-app, further does not warrant that its service will be secure, error-free or uninterrupted; available at all locations and at all times; the information, links or other items contained within this content will be accurate and complete. Plateau-app may make changes to this content at any time. Plateau-app may update the content of the App/service from time to time, with or without notice to you.

No oral advice or written information given by Plateau-app, its employees, licensors or the like will create a warranty; nor may you rely on any such information or advice.

10. Limitation of Liability

As a condition of use of the App, and in consideration of the services provided by Plateau-app, User agrees that neither Plateau-app, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Plateau-app, will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the use of the App, its Service.

PLATEAU-APP, SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF PLATEAU, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PLATEAU-APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA  PLATEAU, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PLATEAU-APP, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PLATEAU-APP, HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO PLATEAU-APP, IF ANY, FOR THE PAST 6 MONTHS OF THE SERVICES IN QUESTION.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Plateau-app may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Plateau-app’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF PLATEAU-APP.

11. Indemnification

You agree to indemnify and hold Plateau-app, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable Lawyers’ fees, made by any third party due to or arising out of your use of the App, your violation of the Terms, your intentional or negligent violations of any applicable laws or governmental regulation, your contractual relation with a third party, or your violation of any rights including but not limited to rights relating to patent or copyright of another.

12. Intellectual Property

All rights, title and interest in and to the App/Service (including without limitation any code, themes, objects, concepts, artwork, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation) are owned by Plateau-app. Plateau-app reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the App and the Service.

These Terms do not transfer any right, title, or interest in the App or Service or plateau-app.com Site Content to User. Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use the App to the extent you have the right to access the service. Your right to use the App and access the service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the App, including all related intellectual property rights. The App is protected by applicable intellectual property laws, including copyright law and international treaties.

When you post Public Content/Feedback, you hereby grant (or warrant that the owner of the Content grants) us a royalty-free, perpetual, irrevocable, fully sub-licensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Public Content for any purpose and without acknowledgement to you. By posting or providing Public Content, you represent and warrant that public posting and use of your Public Content by us will not infringe on or violate the rights of any third party.

If you download, print or display any the App Content for personal use, you must retain and you shall not cover or obscure all copyright and other proprietary notices. You may not use any metatags or other “hidden text” utilizing the App name or trademarks or service marks without our express written consent. Any unauthorized use terminates the permission or license granted by Plateau-app.

Through proper notification, Plateau-app will remove Submissions that infringe upon the intellectual property rights of another and reserves the right to remove Submissions without prior notice. Plateau-app, assumes no responsibility for monitoring the Site. In the event it chooses to do so at its discretion, Plateau-app assumes no responsibility for the Submissions or any obligation to remove any inappropriate Submissions or any responsibility for the conduct of a User submitting inappropriate Submissions. At its sole discretion, Plateau-app, may remove any Submission and/or terminate a User’s account for violating any of these Terms of Service at any time and without notice.

Plateau-app, reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the App or violation of the Terms of Service.

13. Suspension/Termination

Without prejudice to any other rights, we reserve the right to suspend or terminate this License, or discontinue the Services or any part of them at any time, including any features, and In-Service Content without notice if you fail to comply with the terms and conditions of this license. We may also terminate the services if you use the App in a manner that would cause us legal liability, disrupt the Services or disrupt others‘ use of the Services. We will of course provide you with notice via the email address associated with your account before we do so. On termination, you will not be able to access the App.

Upon the termination, you will not be eligible for any refund.

14. Mobile Usage

Use of the App involves use of mobile features that allow you to access the Service from your mobile phone. Plateau-app does not charge for use of these features, but your mobile service provider may do so.

15. Waiver, Severability & Assignment

Plateau-app’s failure to enforce a provision at any time is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Plateau-app, may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest, to continue the Services.   

16. Ability to Accept Terms of Service

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with the Terms and Conditions herein.

17. Notices

Any notice required to be given under this Agreement shall be in writing and delivered personally to the other designated party, mailed by Express mail or overnight courier. Either party may change its address by written notice to the other under provision of this paragraph.

18. Equitable Remedies

You acknowledge that any breach of this agreement by you could cause injury to Plateau-app and that monetary damages would not be an adequate remedy. In the event of a breach or threatened breach, Plateau-app shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or exploitation of the Service or any content or other material used or displayed through the Service.

19. Force Majeure

Plateau-app shall not be liable for any delay or failure to perform, resulting from causes outside the reasonable control of Plateau-app, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Plateau-app’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, etc.

20. Governing Law

These Terms shall be governed by and construed in accordance with laws of Germany, without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction of the courts located in Cologne, Germany.

21. Dispute Resolution

In case of any dispute, you agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Cologne, Germany and in accordance with The German Arbitration Law.

22. Contact Us

If you require any clarification about these Terms, please contact us at privacy@plateau-app.com.