Terms and Conditions
Last updated: 15 January 2024
1. Scope
These Terms and Conditions (T&C) govern the business relationship between REALSIM GmbH (hereinafter "Provider") and the customer.
2. Subject Matter
The Provider provides services in the field of Mixed Reality, Virtual Reality, and App Development, including the licensing of software solutions such as Holopackage and other digital products.
3. General Services
Services provided by the Provider are delivered as outlined in the respective offers and project descriptions.
4. Compensation and Payment Terms
4.1 Compensation is determined according to the respective offers and contracts.
4.2 Invoices are payable within 30 days of the invoice date, unless otherwise agreed.
4.3 Payments must be made to the accounts specified by the Provider.
4.4 Late payment results in interest charges in accordance with Austrian law.
5. Software License
5.1 All software solutions provided by REALSIM (e.g., Holopackage) are granted under license.
5.2 The customer receives a non-exclusive, non-transferable right to use the software under the agreed terms.
5.3 The software may not be rented, loaned, transferred, or made available to third parties without written consent of the Provider.
5.4 The customer may not decompile, disassemble, or attempt to reverse engineer the software unless prohibited by applicable law.
6. Intellectual Property
6.1 All content, software, designs, and other materials remain the property of REALSIM or its licensors.
6.2 The customer may not make copies of the material or provide it to third parties.
6.3 For customer-specific developments, separate agreements regulate ownership of results.
7. Warranty and Liability
7.1 The Provider warrants that services are provided in a professional and competent manner.
7.2 The Provider makes no warranty for uninterrupted use of services or for specific results.
7.3 The Provider's liability is limited to the amount paid by the customer to the Provider in the last 12 months.
7.4 The Provider is not liable for consequential damages, lost profits, or data loss.
8. Term and Termination
8.1 Contracts may be entered into for an agreed term or are based on project agreements.
8.2 Contract termination is governed by the respective agreements or may be effectuated by either party with written notice.
8.3 Upon termination, all licensed materials must be returned or destroyed.
9. Confidentiality
9.1 Both parties treat confidential information of the other party as trade secrets.
9.2 Confidential information may not be disclosed without written consent.
10. Changes to T&C
The Provider reserves the right to change these T&C at any time. Changes will be communicated to the customer in writing.
11. Applicable Law and Jurisdiction
These T&C are governed by Austrian law. The place of jurisdiction is Linz, Austria.