holoride Creator Space – Terms of Use for Professionals (B2B)

The holoride Creator Space is a centralized platform where professionals learn about holoride's technology, collaborate on projects, manage projects and licenses/licence keys, exchange thought and ideas as well as find technical support.

1. Applicability

The present terms of use (ToU) apply to the use of the holoride Creator Space by holoride GmbH (Schellingstraße 45, 80799 München, Germany, Commercial Register Number: Local Court (Amtsgericht) München, HRB 246496, VAT-number: DE322275779) represented by Nils Wollny (https://www.holoride.com/imprint/) (hereinafter referred to as “holoride” or “we”). We do not accept deviating or conflicting conditions insofar as we have not expressly agreed to them in writing.

2. Language

The holoride Creator Space is available in English only. The provision of services by holoride is also exclusively in English.

3. Proof of your entrepreneurial status

The holoride Creator Space is not available for consumers and/or minors and/or persons who are not of full legal capacity and directed exclusively at entrepreneurs within the meaning of section 14 of the German Civil Code (BGB). We may therefore demand that you provide us with sufficient proof of your entrepreneurial status prior to accessing the holoride Creator Space, e.g. by stating your VAT ID number, naming the company that you are representing or other suitable proof. The information required for proof shall be given by you completely and truthfully.

4. Opening a user account; Processing of your personal data

  1. Via the holoride Creator Space you may create a freelancer or a company account where you can add employees or contractors as authorized users for your company, get access to our Elastic SDK, Experience Tools and Tutorials & Sample Files after signing a license agreement, exchange your opinion on our holoride technology with other creators, give feedback to holoride and request access to our holoride DevKit prototype. You are responsible for ensuring that those employees or contractors whom you designate or otherwise permit to access the holoride Creator Space comply with these Terms and Conditions.

  2. b. Via the holoride Creator Space you may download additional files related to holoride’s tech-nology and the Elastic SDK (e.g. recordings of real-world drives for simulation and testing purposes).

  3. With a user account you must not enter your personal data every time you use the holoride Creator Space, but you may log on to your user account with your e-mail address and your password before we can grant you full access to the holoride Creator Space. You will not be obliged to purchase any services or goods offered by us only due to your registration. For information on the processing of your data, please read our data protection information, which you can find on the holoride Creator Space website. During your application for registration, you type in your e-mail-address and choose a password. You are obliged to keep the password secret and not to disclose it to third parties.

  4. You may delete your registration under „Profile“ at any time. If your personal information changes, you yourself are responsible for its update. All amendments can be made online under „Profile“ after the log in.

5. Access to our Elastic SDK

  1. Via the holoride Creator Space you have the possibility to access our Elastic SDK with the necessary license and key files (e.g. manifest, toml) and Documentation as well Tutorials & Sample Files, and Experience Tools after agreeing to the terms of our license agreement (for the avoidance of doubt, the Experience Tools are subject to MIT licensing terms).

  2. The license and key files grant access to the Elastic SDK in the development environment of the gameengine specified on the holoride Creator Space. Therefore, simply follow the instructions you can find in the Elastic SDK documentation.

  3. When using the holoride Elastic SDK you must abide by the obligations laid down in the “Evaluation License Agreement for the holoride ELASTIC SDK for (Professionals - B2B)”. That means in particular – unless otherwise expressly agreed upon - that you are allowed to use the holoride Elastic SDK solely for your internal, non-commercial evaluation of the Evaluation Software.

  4. Nevertheless, you have the possibility to obtain a license for your own production purposes by signing the Production Elastic SDK License agreement offline. For further information simply contact us via business@holoride.com.

  5. The exclusive language available for the conclusion of the contract shall be English. Translations of these ToU into other languages are for information only. In the event of contradictions between the English text and the translations, the English text shall prevail.

6. holoride Creator Space Forum and holoride Creator Space Feedback Channel

  1. In the holoride Creator Space Forum you can share and exchange opinions, ideas, suggestions and approaches for improving the holoride ELASTIC SDK.

  2. Access to the holoride Creator Space Forum may be restricted to licencees of our Elastic SDK.

  3. Please note that our forum is a place of mutual respect and tolerance. When participating in the forum you agree not to use any illegal content nor any derogatory or insulting language.

  4. The holoride Creator Space Feedback Channel gives you the opportunity to send us feedback.

  5. holoride shall have the unrestricted right to use any ideas, suggestions, approaches and feedback mentioned in the holoride Creator Space Forum or in the holoride Creator Space Feedback Channel.

7. holoride DevKit

  1. Via the holoride Creator Space you can contact us if you are interested in one of our holoride DevKits. Simply fill out the contact form and we will get back to you and inform you about any availabilities.

  2. Please note that the presentation of the holoride Devkit including any other products and services on the holoride Creator Space does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).

8. Uploading your content

  1. When you upload content (e.g. ideas or other content i.e. content protected by copyright) on the holoride Creator Space you agree to grant holoride an exclusive, transferable right to use, copy, revise and decompile your content without limitation in time, manner or place for the improvement and further development of the holoride technology.

  2. Any content you are uploading (e.g. links to third party websites, pictures, content protected by copyright) shall be legal and free from third party rights, which prevent the use in accordance with the contract.

  3. If third parties are entitled to such rights and they pursue these, then you shall do everything in your power, in order to defend your content at your own expense against the third party rights claimed. You shall inform holoride in writing without delay of the claiming of such rights by third parties and shall give holoride all powers of attorney and authorizations which are necessary in order to defend your content against the third party rights claimed.

  4. To the extent that there are defects in title, you are (a) entitled at your option to either (i) take legitimate measures to remove the third party rights, which impair the contractual use of your content, or (ii) remedy the enforcement of such claims, or (iii) change or replace your content in such a manner, that it no longer infringes the rights of third parties, provided and to the extent that this does not substantially impair the functionality of your content, and (b) under an obligation to reimburse holoride for its necessary refundable costs incurred in the enforcement of legal claims.

9. Limitation of Liability

  1. We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a user of the holoride Creator Space may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.

  2. The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.

10. Final Provisions

  1. Amendments or supplements of these ToU require the written form to be binding.

  2. The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

  3. Venue of performance is Munich (Germany). The courts of Munich (Germany) shall have exclusive jurisdiction for dispute, in connection with this contract.

  4. If individual provisions of these terms and conditions are ineffective, statutory laws, the terms and conditions as a whole remain unaffected. The contractual parties shall amicably decide to replace the ineffective provision by a legally effective provision, which comes closest to the commercial purpose of the ineffective one. The aforementioned provision shall accordingly apply in case of gaps.

26 July 2021