1. Access to the app or video web service/use of the app or video web service/companions
1.1 The use of the app and the video service is free of charge. The app can be downloaded via the respective app store (see section 5 Usage Requirements below) after confirming the validity of these GTC. Alternatively, the web app can be accessed via a link from the Captivr homepage.
1.2The user undertakes to provide truthful and complete information about his person, his age and, if applicable, his contact details within the scope of the use of the video service, if and to the extent that the use of the services of the app and video recordings require such input.
1.3 The recording of accompanying persons is permitted if the accompanying person(s) are at least 16 years old. The user is obliged to provide necessary information on accompanying persons if they are to be included in the video recording and to carry out the measures required for the accompanying persons (e.g. scanning the associated QR code). In this case, the user is also obliged to inform the accompanying persons about these GTC and the data protection information and to make these documents available to the accompanying persons.
1.4 The user can uninstall the app from his end device at any time. After uninstalling the App, Captivr will continue to store the data required for the performance of the contract, such as the “serial number” assigned by Captivr and stored on the User’s device (see Section 5.1 below). Apart from that, personal data of the user will be deleted, as far as they are not further required for the agreed use of video recordings or due to existing legal retention periods.
2. Functions of the app or video web service/procedure for video recording and its use/conclusion of the video purchase contract, right of withdrawal.
2.2 Video recording
If video recording is to take place, the user must call up the app or web app with their mobile device before starting the respective upcoming ride and scan the QR code located in the entrance area of the ride, which contains information on the user’s seat. If an accompanying person is also to be filmed, the accompanying person’s QR code must also be scanned. The user is then prompted via the app or web app on their end device to consent to the video recording and, if necessary, to confirm that the accompanying person also consents to the video recording. Video recording only begins if the required confirmations have been entered. Persons for whom no confirmation has been entered will be pixelated during the creation of the video for the purpose of anonymization.
If necessary, the instructions of the ride personnel are to be followed.
2.3 Provision of the video recording
Once the video recording has been made, the video file will be made available for retrieval. Within 2 weeks, the user has the option to purchase the video for a fee.
2.4 Purchase of the video recording, conclusion of the video purchase contract and right of withdrawal
The user can purchase the video file. After completion of the video file, the user receives on his mobile device a notice that the file is ready and can be purchased within 2 weeks according to the valid price list available in the app. The user can then agree to purchase the file in the app or web app by clicking on the checkbox “order with costs”. After clicking on the checkbox, the user is shown the order data, which must be confirmed with a further click.
With the second click, the purchase contract for the video recording with Captivr is concluded. The user will be sent an order confirmation.
With the second click, the user is redirected to a payment service provider to pay the purchase price. After payment, the user receives a link to his terminal device, with which he can access the video file. There is both the option to view and download the video file.
For video recording, viewing and/or downloading the file, the user’s end device must have at least the following technical features.
- Operating System iOS version 13 or later
- Operating System Android Version 4.4 W KitKat API Level 20 or newer.
- A QR scan function via the camera and the app must be possible
- A geodata collection via the app must be possible
The file is stored by Captivr in an access-protected cloud for a period of one year. A longer storage of a purchased video file is possible against payment of an additional fee by the user. If a video file is not purchased within 2 weeks of notification that the file is available, the file will be deleted.
The user has a right of withdrawal in accordance with clause 6 below if he is a consumer. Influencers are not considered consumers in their capacity as (commercial) influencers, which is why the right of withdrawal for consumers does not apply to them.
3. Copyright and rights of use.
(a) The copyrights to the App are exclusively owned by Captivr.
(b) Captivr is entitled to the copyrights and ownership of the video files. The operators of the respective rides on which the video recordings are made also have corresponding rights to the video recordings as owners/operators of the rides and holders of the domiciliary rights, such as trademark rights, if trademarks of the ride operator are depicted.
(c) Users and accompanying persons have a right to their own image. Therefore, the video recording is made only with their consent, for which the respective user is responsible. By the consent the user and his accompanying persons grant, if necessary, Captivr and the ride operators the right to use the video recording according to the consent declarations. Any promotional use of the videos by Captivr or the ride operators will only occur after and based on the express prior consent of the users or accompanying persons.
3.2 Rights of use of the app and the video recordings
(a) By downloading the app, the user acquires a non-exclusive and non-transferable right, limited in time to the duration of the installation, to download, install and use the app on the end device of which he is the owner or which is subject to his control. The right of use also includes any updates (updates, patches, etc.).
(b) The user and, if applicable, the accompanying person acquire a non-exclusive and non-transferable right of use to the content retrieved in the app.
The right of use entitles the user and his accompanying person for private purposes
of the videos recorded and paid for using the app or web app to his terminal device. He has to ensure that rights of third parties, especially the accompanying persons are not violated by his use of the video file. The use includes playing, showing, passing on and – with the consent of the persons depicted – also posting the file on social media platforms. On the video files existing copyright information and brand name of Captivr and the ride operators may not be removed or changed. The commercial use of the video files is not allowed without the explicit consent of the rights holders (§ 7.1). However, the use of the videos for posting pictured influencers is permitted. If the user has purchased and downloaded a video file, he is the owner of the self-stored file, but the copyrights and rights of use remain unchanged further limited according to the above regulations.
(c) The user and the accompanying person may only use the app for their own private purposes.
(d) The User and the Accompanying Person are not entitled to make any changes to the App, to decompile, reverse engineer, disassemble, attempt to derive the source code, decrypt the source code, modify or create derivative works of the App or its contents, or reuse it in other software.
(e) The User and the Accompanying Person are not entitled to any rights not expressly granted to the User and the Accompanying Person above. The user and the accompanying person are in particular not entitled to use the app, web app and video files beyond the agreed use. In particular, it is not permitted to reproduce the app, to sell it or to make it available for a limited period of time, especially not to rent or lend it.
7.3 Obligations of the user for safe use
(a) The User and, if applicable, his or her accompanying person shall take the necessary precautions to prevent the use of the App and the Video Web Service by unauthorized persons.
(b) The User and his Accompanying Person are permitted to forward or pass on the link granting access to the video file stored by Captivr to other persons (Recipients). The forwarding of the link or the sharing of the downloaded video file and its use by recipients is subject to the provisions of these terms and conditions and the related data protection regulations. In case of forwarding or sharing of the video file, the user and the accompanying person are the persons responsible for this data processing (Art. 4 No. 7. EU General Data Protection Regulation) and responsible for compliance with these GTC and related data protection regulations.
(c) The User and his Accompanying Person shall be liable to Captivr for ensuring that the App or the Web App and the video recordings are not used for purposes that are racist, discriminatory, pornographic, endanger the protection of minors, politically extreme or otherwise unlawful or in violation of official regulations or requirements, or that corresponding data is created and/or stored.
(d) The user may flag offensive and/or infringing content according to paragraph c). Captivr is entitled to delete such content. Payments already made will not be refunded in this case
7.4 Violation of the provisions according to §§ 2., 4. and 7paras. 1 to 3 by the user/accompanying person
(a) If the user or his accompanying person(s) violate the provisions in §§ 2., 4. and 7 paragraphs 1 to 3 for reasons for which they are responsible, Captivr may block the access of the user and his accompanying person to the app and the video web service after prior written notification.
(b) If the User or his Accompanying Person(s) unlawfully violates § 7.1 to 3, Captivr is entitled to delete the data affected thereby and to block the access to the App and the Video-Webservice until the facts are clarified. If the violation is proven, Captivr is entitled to permanently stop the use of the App and the Video-Webservice and to delete the access to the respective video files affected and stored by Captivr and the video files themselves.
7.5 Captivr’s rights to use the data entered by the User
The User grants Captivr the right to process the data entered by the User in the App and in the Web App and the Device ID of the terminal device used by the User to perform the services described in these T&Cs.
Captivr is not liable for any violation of the rights of third parties by the User and his companion, if and to the extent that such violation results from exceeding the rights of use granted under these GTC. In this case, the user and, if applicable, his accompanying person indemnify Captivr and the respective ride operator upon first request from all claims of third parties.
Status of the content policy 16.06.2023