1. Introduction
These terms and conditions (“Terms“) govern the use of ARRIVAL.SPACE (the “Platform“). The
Platform is operated and made available by STRATUM 1 GmbH, Schubertstraße 6a, 8010 Graz.
By using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you should and cannot not use our Platform.
2. Access, Registration
Full access to the Platform’s services is limited to registered users.
If you decide to register, we will ask you for personal information. We need it to identify you on the Platform. We will keep this information accurate and up to date.
If you want to use the platform without registration, just enter a name (username or nickname). You then have the ability to speak and listen to others. If you leave our Platform or get suspended your account will be deactivated or removed.
3. Services
We will provide you with the services described on our website (“Website“) in accordance with these
Terms (“Services“).
If you want to join as a registered user, please enter your real name, email address, company and
why you want to join. The following features will then be available to you:
– You will be able to talk and listen to others.
– You can record your voice and movements and listen to the recorded voices and movements of others.
As a registered user you can modify your Avatar. Avatars are provided by Readyplayer.me. Text to image generation and text to html code generation are both provided by openAI.
We reserve the right to modify or discontinue any part of our Services at any time.
4. Availability
We will use commercially reasonable efforts to provide unrestricted availability of the Platform as far as is technically possible. However, we do not guarantee this.
In particular, maintenance work, security and capacity reasons, technical circumstances and events beyond our reasonable control may lead to unforeseen downtime of the Platform. We will take efforts but not guarantee to notify you about scheduled maintenance in advance.
5. User Conduct
You agree to use our Platform only for lawful purposes and in accordance with these Terms. You agree not to upload, distribute or publish the following content on the Platform:
– Content that is defamatory, obscene, offensive, illegal or otherwise objectionable;
– Content that infringes on any patent, trademark, copyright, proprietary right or other intellectual
property right or confidential information;
– Content that spams or harasses other users;
– Content that engages in any activity that interferes with the operation of our Platform or violate
these Terms.
6. User Content
You are responsible for the content that you upload, distribute or publish, on the Platform (“User Content“). You represent and warrant that you have all necessary rights to the User Content and that your User Content does not violate any applicable law or breach the provisions set forth in Section 5.
We are not liable for any User Content unless we have knowledge of illegal content and are aware of circumstances from which illegal activity is apparent. Furthermore, we are not liable if we become aware of illegal User Content and take immediate action to remove or disable access to it.
We have no active obligation to monitor the information and User Content you provide. We are also under no obligation to actively seek out circumstances that may indicate illegal activity.
Nevertheless, we reserve the right to remove any User Content from the Platform if we reasonably believe that it violates these Terms or if we otherwise believe that removing or disabling access to such illegal content is reasonably necessary to protect our rights and/or our users’ rights.
7. Reporting Illegal Content
You can report what you believe to be illegal content to us. We encourage you to report content or conduct that you believe breaches your rights (including intellectual property rights) or our Terms.
We are therefore obliged to provide a Notice and Action Mechanism that allows you to report unlawful content. You can make a report that includes
– a statement of the reasons for the report,
– an indication of the location,
– your contact details, and
– a statement that you have a good faith belief that the information and statements contained
in the report are accurate and complete.
We will send you an acknowledgement of receipt. We will consider your report carefully and impartially within 14 business days and notify you of the decision on the reporting.
If we find illegal content and restrict the display of certain information, suspend payment or content, or close a user’s account, we will give clear and specific reasons to the users concerned. We must be able to contact them.
If you have any complaints or objections about content posted on our platform, please contact us immediately through our Notice and Action Mechanism. A “report” button is also provided in the user interface.
8. Intellectual Property Rights
Our Platform and all content and materials provided by us on the Platform, including but not limited to our logo, texts, graphics, and images, are our intellectual property and therefore are protected by copyright and other intellectual property laws.
We are granting a non-exclusive, non-transferable, limited license to access and use the Platform’s Services or software for your personal or business purposes according to these Terms. It will terminate automatically, if you violate these Terms.
You may not copy, modify, distribute, sell, or sublicense any part of the Platform’s software or services without our written consent.
User Content shall remain the property of the user introducing the same. When providing User Content, users must obtain all necessary consents, licences and approvals in relation to its display on the Platform, and will indemnify us for any liability incurred by us as a result of their failure to obtain such consents, licences and approvals.
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use to any User Content provided by you or on your behalf, in connection with the operation, provision or enhancement of the Platform.
9. Subscription, Fees and Payment
You agree to pay a fee for our services that require payment. This includes services in Beta or Testing phase.
We accept payments via credit card, PayPal and other online payment services (“Payment Methods”). Payments are made on a monthly basis, and payments are due at the beginning of the month. Your subscription to our paid services will automatically renew at the beginning of every month (monthly subscription) unless you choose to cancel your subscription. The renewal fee will be charged to the payment method you chose at the time of your subscription unless you update your payment method.
To cancel the auto-renewal of your subscription, you must do so by the 15th of the previous month. You may cancel your subscription by Email to office@stratum1.io.
10. Security and Data Protection
We will take reasonable measures to protect our Platform and confidential information from unauthorized access or use.
In principle, the personal data you provide will only be processed by us in the context of the operation of the Platform. In some cases, we process your personal data on the basis of your consent, which you may revoke at any time without giving reasons.
Furthermore, your personal data will not be passed on to third parties unless this is necessary for the provision and operation of the Platform or the provision of services or due to a legal obligation.
We take the protection of your personal data very seriously in all our activities and comply with applicable data protection regulations. Please refer to our detailed Privacy Policy.
You have to create a strong password that meets the requirements of our Platform.
You are responsible for ensuring that the password is secure and you must not disclose it to any third party. If you know or suspect that it has been compromised, you must change it immediately.
You are also obliged to inform us immediately of any suspicion that your access data may have become known to third parties. You are liable for all damages resulting from the culpable violation of this obligation.
In any case you are responsible for all activities that originate from your account and will indemnify and hold us harmless for all damages incurred.
If you forget your password, you can request a reset. We will send you an email to your registered email address.
11. Liability
We shall be liable in accordance with the statutory provisions unless liability is excluded in accordance with the following provisions. The provisions of this clause shall also apply to breaches of duty by our agents (Erfuellungsgehilfen).
Our liability for slightly negligent breaches of duty is excluded, unless it is a matter of damage to life, body or health or claims under the Product Liability Act (Produkthaftungsgesetz).
Furthermore, we are not liable for any damage that may occur in connection with your hardware or software or as a result of the inability to connect to the Platform.
It is your responsibility to take all appropriate measures to protect your own data and/or the software stored on your terminal against damage (malfunctions, viruses, hackers, etc). We accept no liability in this respect.
12. Links to third-party websites
Where the Platform contains links to third party websites, we have no influence on the current and future design and information of the linked sites and therefore accept no liability for them. The use of such third-party information is at your own risk. If you notice that we have linked to sites with illegal or questionable information, please let us know so that we can remove the link as quickly as possible.
13. Indemnification
You agree to defend and indemnify us from and against any claims, demands, damages, or other costs or expenses of any kind, including reasonable attorneys’ and administrative fees, asserted by any third party related to your use of our Platform or your User Content.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Austria, excluding the United Nations Convention on Contracts for the International Sale of Goods (UN-Kaufrecht) and any conflict of law provisions.
Any disputes arising out of these Terms shall be subject to the exclusive jurisdiction of the courts for Graz, Austria.
Nothing in this provision limits the right of us to bring proceedings against you in any other court or courts of competent jurisdiction.
The foregoing does not apply if you are using the Services as a consumer. The place of jurisdiction for claims by and against consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz) is the consumer’s place of residence, habitual residence or place of employment.
15. Entire Agreement
These Terms govern the relationship between you and us. These Terms do not create or infer any rights that are enforceable by any person who is not a party to them.
These Terms apply for the duration of your valid and effective access to the Platform. Should any provision be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions which come as close as possible to the intended purpose. The same applies in the event of a loophole.
We do not recognize any terms and conditions that deviate from these Terms in whole or in part unless we have expressly agreed to them in writing. Any previous communication and agreement are also superseded by these terms and conditions.
16. Modifying these Terms and Conditions
We may and will amend these Terms from time to time.
Amendments will be notified to you in writing by email to the email address you have provided to us at least four weeks before they come into effect. Your consent shall be deemed to have been given if you have not indicated your disagreement before the specified date on which the changes take effect. The effect of your consent will be expressly pointed out to you during the transmission.
17. Contact Information
If you have any questions or concerns about these Terms or our Platform, please contact us at office@stratum1.io.