Allgemeine Geschäftsbedingungen

Last Updated: December 19, 2023

Welcome to the LiveTour software application (referred to as 'Application' and 'Service'). The Service is offered to you conditioned upon your acceptance of the terms, conditions, and notices set forth below (collectively, this 'Agreement'). By accessing or using the Service, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, you are not authorized to use the Service.

Provider: Wangogh Soft Kft., a limited liability company located in Hungary


I. General Information:
1.1. The Provider exclusively owns the Application, which provides GPS-based audio-guide (tour guide) service to individuals (hereinafter referred to as 'Users'). The description of the Application is available on the website livetourapp.com. The GPS-based service allows Users to access additional information and audio guides of attractions landmarks, photos of the landmarks, suggested itineraries and routes, lets Users create tours, and also assists in orientation.
1.2. Any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view, access or otherwise interact with through the Service shall be referred to as 'Content'.
II. Downloading the Application
2.1. The Application can only be downloaded on mobile devices (Android, IOS, Windows). Mobile devices include all smartphones and tablets.
2.2. To use the Application, a mobile device with at least Android 5 or IOS 13 version, sufficient free storage space for installation, and suitable internet bandwidth are required. Users must ensure the technical requirements for downloading and running the Application. The Provider requests Users to download the Application before the departure of the boat whenever possible.
2.3. The Application can be downloaded free of charge through Google Play or Apple Store. The usage and operational rules of the app stores are available in the information provided within the application. The Provider is not responsible for the use and rules of the app stores.
2.4. The Application can be downloaded free of charge through Google Play or Apple Store. The usage and operational rules of the app stores are available in the information provided within the application. The Provider is not responsible for the use and rules of the app stores.
2.5. In-App Purchases. The Application offers the User the opportunity to purchase additional functions and/or features from within the Application (an 'In App Purchase'). All billing and transaction processes are handled by the provider of the Application Store (the 'App Store Provider') from whose platform the User downloaded the Application and are governed by the App Store Provider's terms and conditions. If User has any payment-related issues with In-App Purchases, then User must contact the App Store Provider directly.
III. Conclusion of the Agreement
3.1. This Agreement is concluded between the User using the Application and the Provider regarding the LiveTour Audio Reiseführer mobile application. By downloading, installing, and using the Application, the User accepts and is bound by the terms of this Agreement.
3.2. The Agreement is not considered a written contract, and the Provider does not record it.
IV. Use of the Service
4.1. The Service can be used without registration or providing personal data.
4.2. The Service can only be used for personal purposes.
4.3. The Service requires an internet connection and permission to access location data during use. If the User does not allow the sharing of location data, the automatic, location-based audio guide playback function will not work. In this case, the User can manually select landmarks and read or listen to information.
4.4. With location data sharing and a proper internet connection, the audio guide starts by pressing the '... ' button in the Application.
4.5. It is recommended to use headphones while using the Application, and the User is responsible for providing the necessary equipment.
4.6. The Application does not store or record the User's location data. The sharing of location data is required for the Service to start the appropriate audio guide related to the current location of the User.
V. Usage Rights
5.1. The Application is the exclusive property of the Provider. By installing, downloading, and using the Application, the User does not acquire ownership of the Application; only the usage rights specified in this Agreement apply to the User.
5.2. The Application, including its Content, is protected by copyright and intellectual property rights.
5.3. Based on this Agreement, the User acquires a non-exclusive, non-transferable, time-limited license to use the Application on mobile devices for personal use, in accordance with the rules of the app stores.
5.4. The usage license does not extend to the installation of the Application on devices not owned or used by the User and does not cover making the Service accessible on a network that allows simultaneous use by multiple devices.
5.5. The usage license is limited to the extent required for the intended use of the Application.
5.6. The usage license does not cover the distribution, duplication, modification, lending, leasing, sale, or sub-licensing of the Application. Copying, reverse engineering, recovering any source code, or modifying the Application is prohibited.
5.7. The terms of this Agreement apply to all updates, new versions, or any add-ons to the Service.
5.8. The Provider does not provide maintenance or support for the Application.
5.9. The content displayed in the Application, including photos, and written or verbal information, is the exclusive property of the Provider or used under Licence Agreement by the Provider, and their use requires permission from the Provider. The photos and information can only be displayed during the use of the Application, and cannot be used, stored, recorded, or exploited in any other way by the User.
For all Content, User agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Application. Additionally, User agree not to: (i) use the Service or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted and made available by the Provider;
(ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Service, including but not limited to using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without Provider express written permission;
(iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
(iv) take any action that imposes, or may impose, in Provider's discretion, an unreasonable or disproportionately large load on Provider's infrastructure;
(v) 'frame', 'mirror' or otherwise incorporate any part of the Service into any other websites or services without Provider's prior written authorization;
(vi) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the Provider in connection with the Service;
(vii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or (viii) download any Content unless it's expressly made available for download by the Provider.
5.10. The User is not entitled to use the Provider's trademarks, name, or logo. 5.11. The Application includes technical measures designed to prevent unauthorized or excessive use. As part of these measures, certain non-personal data may be sent to the Provider. Bypassing these measures or modifying the Application in this manner will lead to liability.
5.12. Provider retains the right at their sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. VI. Data Collection
6.1. The Application collects and transmits technical parameters of the User's mobile device, the operating system, and data related to applications and connected peripherals to the Provider. The Provider is authorized to use this data for the development of their products as long as it does not identify the User.
6.2. If the User allows the Application to access location data while running, the Application will have access to location data but will not store it, nor send/share it with any third party.
VII. Limitation of Liability
7.1. The Provider reserves the right to withdraw, modify, or restrict the use of the Application at any time without prior notice, and is not liable for doing so.
7.2. The Application is available free of charge and is used at the User's own risk ('as is').
7.3. The Provider disclaims all liability for any damages arising from the use or restricted use of the Application, including but not limited to lost business profits, revenue, or earnings, or any direct or indirect damages.
7.4. The Provider does not guarantee that the Application fully complies with the terms of this Agreement and meets the User's requirements, operates continuously, without errors, and accurately. The Provider will make every effort to correct errors but does not guarantee this.
7.5. The Provider reserves the right to modify, change, or revise the Application or its terms of use, and the terms of this Agreement apply to all such modifications.
7.6. THE INFORMATION PUBLISHED OR OTHERWISE PROVIDED VIA THE APPLICATION MAY INCLUDE INACCURACIES OR ERRORS. THE PROVIDER DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE ATTRACTIONS OF ANY OTHER INFORMATION DISPLAYED IN THE APPLICATION (INCLUDING, WITHOUT LIMITATION, AVAILABILITY, PHOTOGRAPHS, ADDRESS, ETC.).
7.7. SUBJECT TO THE FOREGOING, YOU USE THE APPLICATION AT YOUR OWN RISK AND IN NO EVENT SHALL THE THE PROVIDER (OR THEIR OFFICERS, DIRECTORS AND/OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE APPLICATION OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE APPLICATION (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON INFORMATION APPEARING IN THE APPLICATION; ANY VIRUSES, BUGS, TROJAN HORSES); PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE APPLICATION; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.8. If the Provider is found liable for any loss or damage that arises out of or is in any way connected with your use of the Service, then the Provider's liability will in no event exceed, in the aggregate, the greater of One-Hundred Dollars (US $100.00).
The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Provider.
VIII. Termination
8.1. The Provider is entitled to terminate this Agreement with immediate effect if the User violates the terms of this Agreement. In this case, the User must delete the Application from all their devices.
8.2. If the User discontinues the use of the Application or deletes it from their devices, it shall be considered a termination of the Agreement by the User.
8.3. Upon the termination of this Agreement, the User is obliged to discontinue the use of the Application and delete it from all their devices.
IX. Final Provisions
9.1. The Application is owned and controlled by Wangogh Soft Kft, a Hungarian limited liability company. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Hungary.
9.2. You hereby consent to the exclusive jurisdiction and venue of courts in Hungary and stipulate to the fairness and convenience of proceedings in such courts for all disputes, both contractual and non-contractual, arising out of or relating to the use of the Service by you or any third party. You agree that all claims you may have against Wangogh Soft Kft arising from or relating to the Service must be heard and resolved in a court of competent subject matter jurisdiction located in Hungary. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Nothing in this clause shall limit the right of Wangogh Soft Kft to take proceedings against you in any other court, or courts, of competent jurisdiction. If you are entitled to bring claims against Wangogh Soft Kft in the Courts of your country of residence, this Agreement shall apply to the maximum extent allowed in your country or residence.