captivr | 360° onride video system

Video Recording Policy

1. Access and usage of the WebApp/ accompanying persons

Use of the WebApp is free of charge. The WebApp can be used via the attraction-specific link after confirming the validity of these GTC.
When using the video service, the user undertakes to provide truthful and complete information about himself/herself, his/her age and, if applicable, his/her contact details, if and insofar as the use of the services of the WebApp and video recordings require such input.
The recording of accompanying persons is permitted if the accompanying person(s) are at least 16 years old. The user is obliged to provide the 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.
The user can have their data deleted from the WebApp at any time. The user's personal data will be deleted unless they are still required for the agreed use of video recordings or due to existing statutory retention periods.

2. Functions of the WebApp / Procedure for Video Recording and Its Use / Conclusion of the Video Purchase Agreement, Right of Withdrawal

2.1 Check-in

To be able to use the WebApp, users receive the corresponding link at the attraction. Before starting the video recording, it is necessary to enter the user's email or social login (Apple/Google account) and agree to these GTC, the privacy policy and the video policy. The user account created by completing the check-in screen enables captivr to assign the recorded video to the correct user after the journey.

2.2 Video recording

If a video recording is to be made, the user must scan a QR code located in the entrance area of the attraction after successful check-in. The user will then be asked via the app or web app on their device to consent to the video recording and, if necessary, to confirm that the accompanying person also agrees to the video recording. The video recording will only begin once the necessary confirmations have been given.
If necessary, the instructions of the ride staff must be followed.

Note: For smaller attractions that use the captivr360 lite application, the QR code can also be scanned after the ride.

2.3 Provision of the video recording

Once the video recording has been completed, the video file is made available for download. Depending on the attraction, the user either has to pay a price for the recording in advance and then receives it in full length or receives a short trailer in the WebApp and has the option of purchasing the video within 2 weeks; in either case, the user receives an e-mail confirming that the video is ready and can be accessed via the WebApp.

After the video has been recorded, two video files are made available in the WebApp:

- 360° video file of the entire journey
- 2D highlight clip

Both videos included in the package are watermarked before purchase.

2.4 Purchase of the Video Recording, Conclusion of the Video Purchase Agreement, and Right of Withdrawal

Once the video file has been completed, the user will receive an e-mail to the e-mail address previously provided (see 2.1), informing them that the video has been completed and can be purchased within 2 weeks in accordance with the valid price list available in the WebApp. The user can then complete the purchase of the video in the WebApp by adding the video to the shopping cart.

In the shopping cart, the user sees a further overview of the video and the price (incl. VAT).

By clicking on the “PayPal” or “Pay by card” button, the user is redirected to a payment service provider to pay the purchase price. After successful payment, the user receives a success message and can retrieve the video file in their WebApp. It is possible to view and download both video files.

To record the video, view and/or download the file, the user's end device must have at least the following technical features

iOS operation system Version 13 or higher
Android operating system Version 4.4 W KitKat API Level 20
QR code scanning function/ smartphone camera

The purchased video 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 of notification that the file has been made available, the file will be deleted

If the user is a consumer, they have a right of withdrawal in accordance with section 6 below. 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.

6.1 Right of withdrawal
The consumer is entitled to a right of withdrawal in accordance with the statutory provisions. This does not apply to our free offers.

6.2 Withdrawal period
The consumer has the right to withdraw from the contract concluded for the purchase of the video recording within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the consumer received the video.

In order to exercise the right of withdrawal, the consumer must inform captivr of his decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail: support@captivr.de). The attached model withdrawal form can be used for this purpose. However, it is possible to use a different form.

In order to comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.

6.3 Consequences of withdrawal
If the contract for the purchase of the video recording is revoked, captivr must return all payments received to the consumer without delay and at the latest within fourteen days of the day on which we received notification of the revocation of this contract. For this repayment, the same means of payment that was used in the original transaction shall be used, unless expressly agreed otherwise with the consumer; in no case shall the consumer be charged any fees because of this repayment.

As a result of the revocation, the user then loses all rights of use to the video.

3. Copyright and Usage Rights

3.1 Copyright
(a) The copyrights to the WebApp 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 (§ 3.1). 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.

3.3 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 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).
(c) 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.
(d) 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.

3.4 Breach of Terms by the User/Accompanying Person
(a) If the user or their accompanying person breaches the provisions in §§ 3.1 - 3.3 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 §§ 3.1 - 3.3 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.

3.5 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.

Status of Video Recording Policy: March 6, 2025