Native Studios UG (haftungsbeschränkt) General Terms and Conditions governing the
use of the App CREACE:
1. Scope of Application
1.1. Native Studios UG (haftungsbeschränkt), Greifswalder Straße 29, 10405
Berlin, offers within the scope of these General Terms and Conditions selected
online services for using the App CREACE. This App may only be used in conjunction
with these online services.
1.2. The offer is directed exclusively to consumers in the sense of § 13 BGB (German
Civil Code); use for commercial or other advertising purposes is not allowed in accordance
with these General Terms and Conditions. For all non-personal, commercial
use, Native Studios offers separate services. If you are interested in such
a commercial use, please contact support@native-studios.com.
1.3. The offer is directed exclusively to adult natural persons. For all contracts with
minors, the parent or legal guardian must review and provide proof of agreement
with these General Terms and Conditions. In this case, you can contact our Support
Team at support@native-studios.com.
1.4. The General Terms and Conditions may be accessed at www.creace.io and downloaded,
saved and printed out at any time.
2. Registration
2.1. Use of the APP requires registration as a user. This enables Native Studios thereafter
to request disclosure of the real name and email address of the user for contact
purposes. This information serves to identify the user, who can then access
his videos stored with Native Studios. At the time of registration for the App, the
device ID will be verified and used as a criterion for identification. This means that
any user of the App on the verified device will have access to the same stored
videos. Further provisions are addressed below under Data Protection.
2.2. These General Terms and Conditions shall be incorporated into the contractual
agreement between the parties upon registration. Furthermore, agreement to Native
Studio’s Data Protection Conditions can be a prerequisite for the use of the online
services of the App.
2.3. Conditions for the use of the App, in particular with respect to end-devices or operating
systems, may be found on www.creace.io.
2.4. Native Studios is entitled to refuse or to cancel registration at any time. All natural
persons are permitted a one-time registration only. Multiple registrations may lead
to rejection of the registration or to termination.
3. Online services
3.1. The online services of the App are available to the user after completion of registration.
As part of the App, users are offered various so-called “templates”. A template
is the creative framework for the respective videos. The user can select a
template. The App will then prompt the user to make various video recordings, giving
practical directorial tips. These recordings are then transferred to the App
server. There, the individual videos are automatically compiled with pre-produced
video and audio material. Finally, the completed video is stored on the Native Studios
servers under the user’s registration and made available for download by the
customer.
3.2. The App allows the user to publish the video on various social media channels under
his own name. In this case, the video is transmitted directly to the social media
provider. Native Studios does not provide hosting services for social media channels.
For the use of such services, the customer may be required to pre-register
for and/or accept the General Terms and Conditions of the respective social media
provider.
3.3. In addition to the templates provided by Native Studios, the App may also offer
"branded templates” from time to time. These are templates offered by marketing
partners that may also contain advertising. These templates are therefore marked
separately. The use of these templates may also be subject to special conditions of
use on the part of the marketing partner which must be accepted prior to the
transmission of the video. The use of branded templates may also be bundled with
games and contests or the publication of the videos on the marketing partners’
websites. This is subject to any indicated special terms of use.
3.4. Native Studios and its marketing partners reserve the right to individually view all
videos prior to transmission or publication, and to delete them where the video
does not meet the requirements of these General Terms and Conditions, in particular
Section 4.
3.5. Costs for data transfer may apply through the use of the App. These will be in accordance
with the rates of the customer’s respective mobile internet service provider.
The films have an average file size of 20 MB.
3.6. Native Studios makes no commitment regarding permanent availability of the App
or the online storage for the videos. Native Studios reserves the right at its sole
discretion to disable either or both parts of the service temporarily or permanently.
3.7. Native Studios is entitled to indicate the origin of the videos and the App, including
through the use of logos, in any video. The same applies for the respective marketing
partner and its logo in the case of branded templates.
4. Obligations of the customer
4.1. The customer is not authorised to use the videos for commercial or advertising
purposes. The videos are licensed solely for private use.
4.2. The customer is not authorised to disclose access data for the App – if such is
available – to third parties. The customer is not authorised to permit any third party
to use the App while he is logged in with his registration data.
4.3. The customer is forbidden to use the App to create and/or send via the App videos
with offensive, racist, xenophobic, sexist, pornographic, violent or otherwise criminal
content.
4.4. The customer is forbidden from submitting videos without first obtaining the informed
consent to use the video recordings from all persons depicted. Furthermore,
the representation of copyrighted works of third parties in any manner whatsoever
without the consent of the rights holder is prohibited unless an exception is
deemed necessary in accordance with copyright law. In case of doubt, consent of
the rights holder for the use of works by third parties must always be obtained. The
same applies for the use of third-party trademarks and designs.
4.5. Upon transmission of the finished videos to Native Studios for storage, the customer
grants Native Studios a temporally and geographically unrestricted, non-exclusive
right to use the videos for the purposes of advertising the App or other Native
Studios products. These rights may be transferred to a third party for the purposes
of advertising. This includes the use of complete or edited videos in advertising
spots online, as a stream or download, on television, as excerpts for use in
print ads, banners or other images in advertising publications (both online and in
print format as well as on data media). The advertising may be bundled with advertising
for third-party products, including in particular in relation to, or as commercial
interruptions of, the customer video. The granting of rights is made without
any separate remuneration. In the event that Native Studios does in fact use the
work in question for advertising purposes, the customer is entitled to appropriate
remuneration on a case-by-case basis.
4.6. The customer is not authorised to edit the videos created via the App; in particular,
any trademarks, labels or references to Native Studios or its licensors may not be
edited or removed.
4.7. The customer is not allowed to offer the use of or to resell the services of Native
Studios to third parties. The same applies to the creation of automated access to
the online services of the App without the use of the App.
4.8. The use of the App is limited to reasonable use within the framework of a recreational
pastime. In particular, the user is obliged to refrain from all uses that may
interfere with or affect the functionality of the App and/or the online services. This
applies in particular to the use of malicious software (malware) or so-called Denial
of Service attacks.
5. Withdrawal rights
6. Remuneration
Use of the App and the online service is free for consumers.
7. Data Protection
7.1. In the course of registration, the following data are collected in anonymous form:
the device ID, a user ID derived from the device ID, the device manufacturer,
device model, operating system and version of the operating system, bundle ID
Cancellation policy
Right of withdrawal
You have the right to withdraw from this agreement within fourteen days without giving
any reason.
The right to withdraw is limited to a fourteen-day period that begins on the day of
conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (Native Studios,
Greifswalder Straße 29, 10405 Berlin, Telefon +49 30 76583272, fax: +49 30
2408818, E-Mail support@native-studios.com) by means of a clear declaration (for
example by letter sent by post, fax or email) of your decision to withdraw from this
agreement. You may use the enclosed sample withdrawal form, but this particular
form is not mandatory.
Timely dispatch of notice of withdrawal before the expiration of the withdrawal period
shall be deemed sufficient to exercise the right of withdrawal.
Consequences of withdrawal
If you withdraw from this agreement, we will reimburse all payments that we have
received from you, including costs of shipment (with the exception of any additional
costs due to your having chosen a different type of delivery than the cheapest standard
delivery offered by us), without delay and at the latest within fourteen days
from the date on which we have received notification of your withdrawal from this
agreement. For this reimbursement, we will use the same payment method that you
used for the original transaction, unless we have expressly agreed otherwise; in no
event will you be charged fees for this reimbursement.
(specified by the App version), the version of the App, the locale, the country setting,
an ID for push messages, as well as installation and update data for the App.
7.2. User videos are stored under the device ID and the user ID. Upon transfer of the
device to a new owner once personal use is no longer intended, the old videos
may be recovered, even if the App was previously deleted, upon re-installation of
the App. In the event that you intend to permanently delete your videos, you can
do so via the App or by contacting support@native-studios.com. Merely deleting
the App will not permanently delete the videos.
7.3. Additional anonymous data collected is used exclusively for purposes of technical
maintenance and further development as well as for warranty purposes.
7.4. Native Studios uses Google Analytics, an analytic service of Google Inc.
(„Google“). Google Analytics uses „Cookies“, small text files that are stored
on your computer that enable us to analyse your use of the app. The information
collected by the Cookie concerning your use of the website are transferred
to a server of Google in the USA and is stored and processed there.
7.5. Due to the activation of the IP-anonymisation used in this app, your IP-address
is truncated by Google within a member state of the European Union
or a member state of the European Economic Area. Only in rare incidents the
full IP-address is transferred to a Google server in the USA and truncated
there. Google will use the information on our behalf to analyse the use of
this app, to produce reports about the activities in the app and to provide
other services related to the use of the app.
7.6. The IP address transferred from your browser to Google Analytics will not be
combined with any other data by Google. You can deactivate the use of
Google Analytics by selecting the Link/Button at the end of this page in the
apps version of the Terms of Service & Privacy Policy.
8. Liability
8.1. The customer indemnifies Native Studios for any possible claims by third parties
and all related legal consultation and defence costs due to a breach of obligations
arising from this contract, in particular the obligations under Section 4.
8.2. Insofar as Native Studios requires payment for services, Native Studios shall only
be liable for damages without limitations in the case of wilful intent and gross negligence.
In the case of the violation of essential contractual obligations, Native Studios
shall also be liable in the event of simple negligence. Substantial contractual
obligations, as well as cardinal duties within the meaning of the law, are deemed to
be those obligations essential for due implementation of the contract, the fulfilment
of which users may reasonably expect to rely on. Liability for damages caused by
simple negligence leading to the breach of any other obligations is excluded in accordance
with the provisions of Section 8.5.
8.3. Insofar as Native Studios provides services free of charge, Native Studios shall be
liable for damages only (i) in the case of gross negligence or intentionally caused
damage, or (ii) in the case it has assumed a guarantee, or (iii) in the case of injury
to life, body and health, or (iv) in the case of liability in accordance with product
liability law.
8.4. In the case of liability for negligent breach of cardinal obligations, liability is limited
to the amount of typically foreseeable damages.
8.5. The above limitations of liability shall not apply to liability for injury to life, body and
health, or in the case of the assumption of a guarantee by Native Studios, or to
liability in accordance with product liability law.
8.6. The above provisions do not constitute a change in the burden of proof to the
user’s disadvantage.
9. Termination
9.1. Both parties shall be entitled to terminate the contract at any time without observing
a period of notice.
9.2. Native Studios is entitled upon suspicion of breach by the customer of the obligations
under these General Terms and Conditions, in particular of the obligations set
forth in Section 4, to temporarily freeze account access until clarification of the issue.
In addition, a more lenient means involving a temporary block instead of termination
by Native Studios is permissible.
9.3. In the event of termination, user data including all videos will be permanently deleted.
No separate transfer to the customer of the videos he has created shall be
made upon termination. Insofar as the termination by Native Studios is not for an
important reason, Native Studios will set a deadline for termination to give the user
a chance to store the videos prior to termination.
10. Miscellaneous
10.1.Native Studios is entitled to change these General Terms and Conditions without
giving reasons for such change, as long as the user is not put at a disadvantage
contrary to good faith. Changes will be published on www.creace.io and the user
will be notified by email. Changes to the content of these General Terms and Conditions
are permissible when modifications in product content require new provisions,
in particular insofar as new functions are made available to the user, or
where changes in law or jurisprudence give rise to adaptations, in particular if individual
provisions of these General Terms and Conditions are or become invalid. If
the user does not question Native Studios with regard to the validity of the new
General Terms and Conditions within two weeks of notification and opportunity to
review such information, all changes to the General Terms and Conditions will be
deemed accepted. Upon announcement of such changes, Native Studios shall
provide notification with regard to the possibility of lodging an objection, the period
of notice and the legal consequences thereof, in particular the consequences of a
failure to object. In the event of timely objection, Native Studios is entitled to terminate
the contract with a notice period of seven days. The contract shall be subject
to the previously valid General Terms and Conditions up to the date of termination.
10.2.The law of the Federal Republic of Germany shall apply, excluding the conflict
rules of private international law that refer to the application of other legal systems,
as well as the UN Convention on Contracts for the International Sales of Goods
(CISG). To the extent prescribed by law, mandatory consumer protection law of the
consumer’s country of domicile shall apply.
10.3.Should a provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions of these General Terms and Conditions shall not be affected.