Terms and conditions
1. Definitions and Scope of the General Terms and Conditions
1.1 Definitions
The term "Video Service" includes the following functionalities:
• Recording,
• Acquisition,
• Storage,
• Web access, and
• Download for videos of rides on amusement attractions.
The captivr WebApp enables the use of the Video Service and will be referred to as the "WebApp" hereafter.
1.2 Scope
These General Terms and Conditions ("GTC") apply between captivr GmbH, Bliesheimer-Str. 3, 50374 Erftstadt, Email: support@captivr.de - hereafter referred to as "captivr" - and the users of the video recording services offered by captivr as well as the visitors of the website www.captivr.net.
These GTC regulate the conditions for recording, acquiring, and using the video files through:
• Use of the Web App
• Use of captivr360 lite application
1.3 Users
Users are individual persons who wish to use the WebApp and video recordings. The WebApp may only be used by private individuals and also by influencers.
The use of the captivr360 lite application for commercial or business purposes of the video recordings requires a separate written agreement with captivr along with the operator of the amusement park or the ride operator.
2. Subject Matter of the Contract, Conclusion of the Contract
2.1 Subject Matter of the GTC
The subject matter of the GTC is the legal conditions for the use of the Video Service for recording, purchasing, displaying/showing of videos, and sharing the videos recorded by captivr on amusement attractions. In addition to these GTC, the relevant privacy policies apply.
2.2 User Contract
The user contract for the WebApp and the Video Service with these GTC is concluded by the user confirming the applicability of the GTC before starting the download process or after accessing the Web App by clicking the respective checkbox.
The user contract for the captivr360 lite application and the Video Service with these GTC is concluded by the operator confirming the GTC by clicking the respective checkbox after registering in the captivr360 lite application.
2.3 Age Requirement
Users must be at least 16 years old at the time of using the WebApp.
Users of the captivr360 lite application must be at least 18 years old at the time of use.
3. Language of the Contract; Storage of the Contract Text
3.1 Language
The language available for the conclusion of the contract is German.
3.2 Availability of the GTC
The GTC and privacy information are always available at https://www.captivr.net/ and via the WebApp. The contract documents are otherwise not stored on the user's device.
https://www.captivr.net/de/app/allgemeine-nutzungsbedingungen/
https://www.captivr.net/de/app/datenschutzerklaerung/
4. Access to the WebApp/ Use of the WebApp/ Accompanying Persons
4.1 Use is Free of Charge
The use of the WebApp and the Video Service is free of charge. The customer branded WebApp can be accessed at the attraction location. It can be used after confirming the applicability of these GTC.
The use of the captivr360 lite application is also free of charge, but the user (attraction operator) will only be granted access to extended services of video distribution if they have entered into a contract with Captivr.
4.2 Registration
The user agrees to provide truthful and complete information about themselves, their age, their e-mail address or social logins (Apple/ Google) and, if applicable, their contact details, insofar as the use of the WebApp and video recordings requires such input.
4.3 Accompanying Persons
Recording accompanying persons is permitted if the accompanying person(s) are at least 16 years old. The user is obliged to provide necessary information about accompanying persons if they are to be included in the video recording and to carry out the required measures (e.g., scanning the associated QR code). The user is also obliged to inform the accompanying persons about these GTC and the privacy information and to provide these documents to the accompanying persons.
4.4 Deletion
The user can delete all their data from the WebApp at any time. Personal data of the user will be deleted unless it is still needed for the agreed use of video recordings or due to statutory retention periods.
5. Functions of the WebApp/ Video Recording Procedure and Use / Conclusion of the Video Purchase Contract, Right of Withdrawal
5.1 Check-in
In order to use the WebApp, the users receive the corresponding link at the attraction. Before starting the video recording, it is necessary to provide the user's e-mail or social login (Apple/ Google account) and enter consent to these GTC, the data protection information and the basic consent to the desired video recordings. This user creation allows captivr to assign the recorded video to the correct user after the ride.
5.2 Video Recording
If a video recording is to be made, the user must open the WebApp on their mobile device before the upcoming ride and scan the QR code located in the boarding area of the attraction, which contains information about the user's seat or is provided by the operator via the captivr360 lite application. The user who scanned the QR code will then be prompted by the WebApp on their device to consent to the video recording and, if necessary, confirm that the accompanying person also agrees to the video recording. The video recording will only begin if the required confirmations are provided.
Instructions from the attraction staff must be followed if applicable.
5.3 Provision of the Video Recording
After the video recording is completed, the video file will be made available for retrieval. Depending on the attraction, the user must either pay a price in advance for the recording and then receive it in full or receive a short trailer in the WebApp and have the option to purchase the video within 2 weeks. In any case, the user receives an e-mail confirming the video is finished and can be retrieved via WebApp.
After the video has been recorded, two video files are made available to be viewed in the WebApp:
- 360° video file of the full ride
- 2D highlight clip
Prior to purchase, both videos contained in the bundle contain watermarks to prevent users from using the video before acquisition.
5.4 Purchase of the Video Recording, Conclusion of the Video Purchase Contract, and Right of Withdrawal
After completion of the video file, the user receives an e-mail on the earlier provided e-mail address (s. 5.1) that the file has been completed and can be purchased within 2 weeks according to the valid price list available in the WebApp. The user can then agree to the purchase the file in the WebApp by placing the video in the shopping cart.
In the shopping cart, the user sees another overview of the video and the price (incl. VAT).
By clicking on either the "PayPal" or "Pay by card" button, the user is redirected to a payment service provider to pay the purchase price. After payment, the user receives a success message and can access the video file in his WebApp. It is possible to view and download both video files.
For video recording, viewing and/or downloading the file, the user's terminal device must have at least the following technical features .
The file is stored by captivr in an access-protected cloud for a period of one year. If a video file is not purchased within 2 weeks after notification of the provision of the file, 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.
6. Right of Withdrawal; Early Expiry of the Right of Withdrawal
6.1 Right of Withdrawal
Consumers are entitled to a right of withdrawal in accordance with statutory provisions. This does not apply to our free offers.
6.2 Withdrawal Period
Consumers have the right to withdraw from the contract for the purchase of the video recording within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the consumer receives the video.
To exercise the right of withdrawal, the consumer must inform captivr of their decision to withdraw from the contract by means of a clear statement to their customer support (e.g., a letter sent by post or email: support@captivr.de). The attached sample withdrawal form can be used for this purpose, but a different form can also be used.
To meet the withdrawal deadline, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the withdrawal period has expired.
For attraction operators and thus users of the captivr360 lite application, there is no right of withdrawal. The regulations agreed with captivr apply.
6.3 Consequences of Withdrawal
If the contract for the purchase of the video recording is withdrawn, we will refund all payments received from the consumer immediately and no later than fourteen days from the day on which we receive the notification of the withdrawal of this contract. We will use the same payment method for this refund that was used in the original transaction unless expressly agreed otherwise with the consumer; in no case will the consumer be charged any fees for this refund. Following the withdrawal, the user will lose all rights to use the video.
6.4 Sample Withdrawal Form
If you wish to withdraw from the contract, please fill out this form and send it back.
captivr GmbH
Niederkasseler Lohweg 18
40547 Düsseldorf
Germany
Email: support@captivr.de
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of (*)
– Ordered on (*)/ Received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if sent by mail)
Date
(*) Delete as appropriate.
7. Copyright and Usage Rights
7.1 Copyright
(a) The copyrights to the WebApp and Event Manager App belong exclusively to captivr.
(b) The copyrights of the attraction logos and visuals used in an attraction's WebApp belong to the respective attraction.
(c) The copyrights and ownership of the video files belong to Captivr. Additionally, the operators of the respective rides on which the video recordings were made have ownership rights to the video recordings, such as trademark rights if trademarks of the ride operators are depicted.
(d) Users and accompanying persons have a right to their own image. Therefore, video recording is only done with their consent, for which the respective user is responsible. By giving consent, the user and their accompanying persons grant captivr and the ride operators the right to use the video recording according to the consent declarations. Commercial use of the videos by captivr or the ride operators only occurs with the explicit prior consent of the users or accompanying persons.
7.2 Usage Rights to the WebApp and Video Recordings
(a) The user obtains a time-limited, non-exclusive, and non-transferable license to use the WebApp on the device that they own or control. This usage right also includes any updates (e.g., updates, patches).
(b) The user and possibly the accompanying person acquire a non-exclusive and non-transferable usage right to the contents accessed in the WebApp. The usage right allows the user and their accompanying person to view and download the videos recorded and paid for through the WebApp onto their device for private purposes. The user must ensure that the rights of third parties, especially accompanying persons, are not infringed by their use of the video file. The usage includes playback, performance, sharing, and – with the consent of the depicted persons – posting the file on social media platforms. Copyright notices and trademarks of captivr and the ride operators present on the video files may not be removed or altered. Commercial use of the video files is not permitted without the explicit consent of the rights holders (§ 7.1). However, posting videos featuring influencers is allowed. When the user has purchased and downloaded a video file, they own the stored file itself, but the copyright and usage rights remain as restricted by the above provisions.
(c) The user and the accompanying person may only use the WebApp for their own private purposes.
(d) The user and the accompanying person are not allowed to make modifications to the WebApp, 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) Rights not expressly granted to the user and the accompanying person remain with captivr. The user and the accompanying person are not authorized to use the WebApp, and video files beyond the agreed usage. In particular, it is not permitted to duplicate, sell, rent, or lease the WebApp.
7.3 Obligations of the User for Secure Use
(a) The user and possibly their accompanying person must take necessary precautions to prevent unauthorized use of the WebApp and video service.
(b) The user of the captivr360 lite application (ride operator) and their employees must take necessary precautions to prevent unauthorized use of the application, the respective captivr WebApp, and the video web service.
(c) The user and their accompanying person may forward or share the link granting access to the video file stored by captivr with others. The forwarding of the link or the sharing of the downloaded video file and its use by recipients are subject to these terms and conditions and the related data protection regulations. When forwarding or sharing the video file, the user and the accompanying person are responsible for compliance with these terms and conditions and data protection regulations as data controllers (Article 4 No. 7 GDPR).
(d) The user and their accompanying person are liable to captivr for ensuring that the WebApp and the video recordings are not used for racist, discriminatory, pornographic, youth-endangering, politically extreme, or otherwise illegal purposes or in violation of official regulations or requirements.
(e) The user may report offensive and/or infringing content as per section (c) via mail to our customer support (support@captivr.de). captivr is entitled to delete such content. Payments made will not be refunded in this case.
7.4 Breach of Terms by the User/Accompanying Person
(a) If the user or their accompanying person breaches the provisions in §§ 2, 4, and 7 (1) to (3) due to their own fault, captivr may block the user's and their accompanying person's access to the WebApp and video service after prior written notification.
(b) If the user or their accompanying person violates § 7.1 to 3 unlawfully, captivr is entitled to delete the affected data and block access to the WebApp and video service until the matter is resolved. If the violation is proven, captivr is entitled to terminate the use of the WebApp and video service permanently and delete the affected data and video files.
(c) If the user of the captivr360 lite application (ride operator) violates §§ 2, 4, and 7 (1) to (3) unlawfully, captivr is entitled to delete the affected data and block access to the application and video service until the matter is resolved. If the violation is proven, captivr is entitled to terminate the use of the captivr360 lite application, captivr WebApp, and video service permanently.
7.5 Usage Rights of Captivr to Data Entered by the User
The user grants captivr the right to process all data entered by them in the WebApp (e-mail, age, name), as well as the device ID of the device used by the user, to carry out the services described in these terms. captivr is not liable for any infringement of third-party rights by the user and their accompanying person if and to the extent that such infringement results from exceeding the usage rights granted by these terms. In this case, the user and possibly their accompanying person shall indemnify captivr and the respective ride operator upon first request from all third-party claims. The ride operator grants captivr the right to process the data entered by them in the captivr360 lite application and the device ID as well as customer e-mail provided by the user to carry out the services described in these terms.
8. Warranty
8.1 Liability
captivr is not liable for functional disruptions of the WebApp and the video recording, as the WebApp, its use, and the video recording are provided free of charge. Payment obligations only exist for access to and purchase of the video file.
8.2 Warranty for End Users
captivr guarantees the technical flawless condition of the video recording from the point of purchase. captivr's cameras provide at least Full HD quality. The warranty covers the continuous availability and download of the file, with the user being responsible for meeting the necessary system requirements. The warranty is limited to a storage period of 1 year from the purchase or for the duration of any agreed extension. captivr's warranty does not apply if the video recording is impaired or rendered unusable due to external influences not within captivr's control or responsibility, such as rain, snow, or contamination caused by the user/accompanying persons, or if a ride stops or interrupts the booked ride.
8.3 Warranty for Ride Operators
captivr guarantees the technically flawless execution of the video recording as long as the ride operator adheres to the guidelines of the captivr360 lite application and the equipment. captivr's warranty does not apply if the video recording is impaired or rendered unusable due to external influences not within captivr's control or responsibility, such as rain, snow, or contamination caused by the ride operator/user/accompanying persons, or if a ride stops or interrupts the booked ride.
9. Liability of Captivr
9.1 Liability
captivr is fully liable according to statutory provisions for damages resulting from injury to life, body, or health that result from negligent or intentional breaches of duty, as well as in cases of liability under the Product Liability Act.
9.2 Liability for Breach of Essential Contractual Obligations
captivr is liable for intentional or negligent breaches of essential contractual obligations (cardinal duties), with liability in cases of slight negligence limited to foreseeable and contract-typical damages at the time of contract conclusion. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract (e.g., providing the video recording as a file).
9.3 Liability for Breach of Non-Essential Contractual Obligations
captivr is only liable for breaches of non-essential contractual obligations in cases of intent or gross negligence. Even in cases of gross negligence, liability is limited to foreseeable and contract-typical damages at the time of contract conclusion. Captivr is not liable for slight negligence in relation to non-essential contractual obligations.
9.4 No Liability
captivr is not liable for damages resulting from the use of the WebApp or from the video recordings on the user's end devices and applications installed thereon, unless the damage is caused by grossly negligent or intentional behavior on the part of captivr.
9.5 Liability for Service Providers
captivr is liable for damages caused by service providers it employs as agents to the extent outlined in the aforementioned provisions.
10. Liability of the User
10.1 Liability
The user is responsible and liable for ensuring that all inputs made by them in the WebApp and, if applicable, in contact with captivr's customer support are correct. This includes, in particular:
- Required age information for the user and their accompanying persons,
- E-Mail address
- Name
- Consent declarations for data processing, including for individuals depicted in case of posting or forwarding the videos,
- Consent for the respective video recording, including that of any accompanying persons,
- Information provided to the accompanying person or, if applicable, the legal guardian regarding the terms and conditions and data protection information.
11. Liability of the Attraction Operator
11.1 Liability
The attraction operator is responsible and liable for ensuring that all entries made in the captivr360 lite application are correct. This includes, in particular:
- Required age information for the operator and their employees,
- Information about the legal entity,
- E-Mail address
- Consent declarations for data processing, including for individuals depicted in case of posting or forwarding the videos,
- Consent for the respective video recording, including that of any accompanying persons,
- Information provided to the accompanying person or, if applicable, the legal guardian regarding the terms and conditions and data protection information.
12. Final Provisions
12.1 Jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you place an order for the video recording as a consumer and have your usual residence in another country at the time of your order, mandatory provisions of that country remain unaffected by the choice of law stated in this sentence.
If you are not a consumer and have your registered office in Germany at the time of the order, the exclusive jurisdiction is captivr's registered office. Otherwise, local and international jurisdiction is governed by applicable legal provisions.
12.2 Place of Performance
The place of performance is captivr GmbH’s registered office. Jurisdiction is determined according to statutory provisions.
Status of Terms and Conditions: March 6, 2025