Last updated: 29th October 2024
1. About Prisma3D and the Scope of the Terms and Conditions
1.1 WondaPix Technologies GmbH distributes the Prisma3D app. The Prisma3D app is a versatile 3D modelling and animation application for mobile devices. The Prisma3D app is available for download exclusively via the Google Play Store.
The Prisma3D app consists of two components: a so-called editor and the so-called model store. The editor enables its users to create, edit and animate 3D models using a variety of different tools. The editor operates locally on the customer’s end device. The Modelstore gives the customer the option of using 3D models either free of charge or as part of a Pro version. These 3D models are stored on the server of WondaPix Technologies GmbH and are provided by the latter.
The Prisma3D app is monetised via a freemium business model. Customers of the free version of the Prisma3D app have limited access to basic functions. As part of the activation of extended functionalities and during the use of the app, these customers are occasionally shown adverts. Customers of the Prisma3D Pro version have unlimited access to the model store and Pro functionalities.
1.2 The subject of these General Terms and Conditions (hereinafter: “GTC”) is the download, purchase and use of the Prisma3D app as well as the download and use of 3D models provided in the Model Store.
These GTC shall apply to all declarations of intent, contracts and legal or similar actions of WondaPix Technologies GmbH with its customers (hereinafter: “customer”). WondaPix Technologies GmbH expressly objects to counter-confirmations by the customer as an entrepreneur (cf. section 2.2) with reference to its own terms and conditions of business and/or purchase; they shall not become part of agreements if they are not expressly confirmed by WondaPix Technologies GmbH.
2. Definitions
2.1 “Consumer” within the meaning of these GTC is any natural person who concludes the contract with WondaPix Technologies GmbH for purposes which can predominantly be attributed neither to their commercial nor their independent professional activity (cf. § 13 BGB (German Civil Code)).
2.2 “Entrepreneur” within the meaning of these GTC is any customer who, when concluding the contract with WondaPix Technologies GmbH, is acting in the exercise of his commercial or independent professional activity (cf. § 14 para. 1 BGB).
2.3 “User-generated content” within the meaning of these GTC is all digital content created or edited by the customer as part of the proper use of the WondaPix app.
3. Conclusion of contract, contract language and text
3.1 By clicking on the “INSTALL” button on the Google Play Store, the customer submits a binding offer to conclude a contract including these GTC for the purchase and use of the Prisma3D software. The same applies if the Prisma3D app is subsequently upgraded to the Pro version. The contract for the use of the Prisma3D app shall be concluded as soon as the app is installed on the customer’s device. If the Prisma3D app is subsequently upgraded to the Pro version, the contract shall be concluded as soon as and for as long as the app is listed as “subscribed” under “Subscriptions” in the user’s account in the Google Play Store. In addition, the provisions of the Google Play Terms of Use shall apply.
WondaPix Technologies GmbH reserves the right to reject offers from the customer and thus to refuse to conclude a contract. This applies in particular in cases in which the conclusion of a contract with the customer is not permitted for legal reasons. In this respect, the customer guarantees that it does not violate personal or general sanction provisions, laws or regulations that affect the use of the Prisma3D app. We reserve the right to terminate the contractual relationship immediately in the event of a violation of sanction provisions or applicable law concerning the use of this app.
3.2 By downloading the Prisma3D app from the Play Store, a contract for the use of the Prisma3D app is concluded between the customer and Google Commerce Limited. Google Inc. shall, however, be entitled to enforce the customer’s obligations against the customer in accordance with these provisions. By downloading the app, the customer agrees to the licence and terms of use in section 8.
3.3 The technical requirements for using the Prisma3D app can be found in the Prisma3D app description available on the Google Play Store. In particular, the Prisma3D app description contains information about supported operating systems and end devices such as smartphones and tablet PCs. The use of the Prisma3D app also requires an existing data connection on the user device. We recommend using the Prisma3D app only if a data flat rate or a WLAN hotspot is available in order to avoid connection costs. The customer shall not incur any costs for downloading the Prisma3D app over and above the costs of the customer’s mobile phone and/or Internet tariff.
3.4 The respective Terms of Play or Terms of Service of the Google Play Store: https://play.google.com/about/play-terms/index.html shall apply in addition.
3.5 The presentation of the Prisma3D app and the content created with its help on third-party websites shall be non-binding and shall not become part of the contract.
4. Pro version, prices, subscription model
4.1 The customer can download the Prisma3D app free of charge from the Google Play Store under the conditions set out in Section 8.
4.2 After downloading the Prisma3D app, the customer can purchase the Pro version of the Prisma3D app for a fee at the conditions and prices currently shown as a monthly or annual subscription and activate the additional functions on the Prisma3D app. The scope of the additional functions can be found in the service description of the Prisma3D app at the time of purchase, which can be accessed on the Google Play Store.
4.3 The customer shall be given the opportunity to access the benefits of the Pro version of the Prisma3D app free of charge for a fixed trial period. To avoid incurring costs, the customer must cancel the subscription in time before the end of the trial period. At the end of the trial period, the customer will automatically be transferred to the paid subscription if they do not cancel in time. Cancellation during the trial period or the paid subscription can be made via the corresponding settings in the app or in the Google Play Store. The Google Play Terms of Use also apply.
4.4 The monthly or annual Prisma3D Pro subscription is managed via the customer’s Google Play account. Customers have the option of managing, cancelling or changing the subscription by using the settings in their Google Play account.
4.5 Unless otherwise agreed, the prices at the time of ordering apply. All current prices, costs and fees as well as the current version of the GTC can be accessed via the Google Play Store.
4.6 Payment is processed via the Google Play Store in accordance with the provisions of the Google Play Terms of Use and the Google Payments Terms of Use, available at payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=us.
5. Validity and termination of this agreement
5.1 The contract is concluded for an indefinite period.
5.2 The use of the Prisma3D Free version can be cancelled and terminated immediately at any time by both WondaPix Technologies GmbH and the customer.
5.3 The use of the Prisma3D Pro version can be cancelled by WondaPix Technologies GmbH as well as by the customer at any time at the end of the current billing period. The customer shall not receive a refund for the current billing period, unless otherwise stipulated in the Google Play terms of use or the Google Play refund policy.
5.4 WondaPix Technologies GmbH is authorised to suspend the customer’s access to the Prisma3D app without reimbursement of prepaid fees if there are indications of a persistent or direct breach of duty in accordance with these GTC, in particular the obligations from section 7 and section 8.
5.5 The right to extraordinary cancellation for good cause remains unaffected.
5.6 In the event of cancellation by WondaPix Technologies GmbH, the customer must immediately stop using the Prisma3D app and delete the Prisma3D app from their end device. If the customer cancels himself, the Pro version of the Prisma3D app can be used until the end of the next billing period. The rights of use granted in accordance with section 8 shall automatically revert to WondaPix Technologies GmbH upon termination of the contractual relationship.
5.7 Termination of these GTC shall not affect the customer’s rights to user-generated content that was lawfully created using the Prisma3D app prior to termination. In the event of termination or suspension of use due to the unlawful creation of content, the customer shall be deprived of the rights of use to the content concerned. In this case, the customer must delete the affected content immediately.
6. Changes in service
WondaPix Technologies GmbH reserves the right to change and adapt the Prisma3D app and its functional scope beyond what is necessary to guarantee the contractual performance of the Prisma3D app, insofar as a valid reason requires this change. Such a reason exists in particular if the changes or adjustments are necessary to comply with changed legal requirements or jurisdiction, to implement changed technical requirements such as new technical conditions or for other operational reasons, or to adapt to changed market conditions such as an increased number of users. These changes and adaptations are always made in the interests of the customer, in particular to improve user-friendliness or security.
If changes are made to this agreement that affect the current contractual relationship, the customer shall be informed accordingly. This notification shall be made in an appropriate form, for example by sending an e-mail or request for consent within the services of the Prisma3D app. It shall contain information about the planned changes, the customer’s right to reject them, as well as instructions for submitting the rejection and the consequences of non-rejection. The changes shall be deemed accepted if the customer does not reject them within 30 days. If the customer does not wish to continue using the services of the Prisma3D app under the new version, he has the option of cancelling his account.
7. Licence and Terms of use of the Prisma3D app, Model Store
7.1 By downloading the Prisma3D app, WondaPix Technologies GmbH grants the customer a personal, non-exclusive, non-transferable, geographically unrestricted, non-sublicensable, time-limited right to non-commercial use of the Prisma3D app within the scope of the GTC. The same applies to the purchase and use of the Pro version, including the downloaded 3D models.
WondaPix Technologies GmbH remains the sole owner of all rights to distribute the Prisma3D app, as well as the sole owner of all distribution rights to the 3D models.
7.2 The customer hereby declares his consent to automatic updates, in particular for the purpose of error correction and system security. If updates require further authorisations, WondaPix Technologies GmbH will inform the customer of this separately after installation. If the customer does not agree to the additional authorisations, only the components of the app affected by the restrictions cannot be used.
7.3 The customer shall take the necessary care when using the app. In particular, the customer shall be responsible for protecting the access data for the Prisma3D app. Access data must be kept secret and may not be made accessible to third parties without the written consent of WondaPix Technologies GmbH. If the customer discovers or suspects that their access data is being used by third parties, they must change their access data immediately or inform WondaPix Technologies GmbH immediately of the use. In the event of justified suspicion of misuse of the customer’s access data, in particular if this has been reported by the customer, WondaPix Technologies GmbH is authorised to block access immediately. WondaPix Technologies GmbH will inform the customer of the blocking.
WondaPix Technologies GmbH is not liable for damages incurred by the customer due to misuse or loss of access data. The same applies to lost/unsaved user-generated content or customer projects. This does not apply if the damage was caused by WondaPix Technologies GmbH wilfully or through gross negligence. Furthermore, the exclusion of liability does not apply to damages resulting from injury to life, body or health if WondaPix Technologies GmbH is responsible for the breach of duty.
7.4 WondaPix Technologies GmbH reserves the right to send the customer push messages with the latest information about the service, offers or update requests or similar to their mobile device at regular intervals. However, the customer shall only receive such messages if he has authorised the receipt of push messages for the Prisma3D app on his end device. The authorisation can be revoked by the customer at any time by making the appropriate settings on their mobile device. Further information on this can be found in the privacy policy.
7.5 The customer shall not be permitted to reproduce, distribute or otherwise make the Prisma3D app available to third parties (including renting, leasing, lending, sublicensing or selling). Subject to the provisions of Sections 69d and 69e UrhG, the customer shall not be authorised to modify the programme code of the Prisma3D app or its components, to use it for the purpose of reverse engineering, to decompile or disassemble it, or to determine the source code in any other way, or to create derivative works from it. This includes in particular the prohibition to remove the copyright notice, the watermark or logos from the software.
Decompiling, reverse engineering or otherwise converting the Prisma3D app into its original source code is strictly prohibited and is only permitted with the explicit consent of WondaPix Technologies GmbH.
7.6 The customer undertakes not to use VPN services or other technologies to circumvent the security precautions of the Prisma3D app, price fixing in the respective countries, the purchase button or general technical measures to protect the Prisma3D app. Violations in this context shall entitle WondaPix Technologies GmbH to immediate cancellation and termination of the contractual relationship.
7.7 The above provisions shall also apply to all programme supplements and updates to the Prisma3D app that WondaPix Technologies GmbH makes available to the customer for download via the Google Play Store, insofar as these are not the subject of a separate licence agreement.
7.8 WondaPix Technologies GmbH reserves the right to permanently discontinue the Prisma3D app and/or no longer make any further updates. In the event of permanent discontinuation, WondaPix Technologies GmbH shall inform the customer separately of the discontinuation without delay, at the latest two months before the Prisma3D app is discontinued. If additional services billed by time of use are affected by the discontinuation, WondaPix Technologies GmbH shall no longer charge any fees from the time of discontinuation.
8. User-Generated Content
8.1 The Prisma3D app enables the creation of user-generated content. WondaPix Technologies GmbH authorises the customer to make personal, non-commercial and commercial use of the user-generated content created using the Prisma3D app. The authorisation for commercial use is subject to the resolutive condition that the user-generated content is not used for large-scale projects or to a significant financial extent. Any use of the user-generated content that exceeds the above-mentioned restrictions requires separate written authorisation from WondaPix Technologies GmbH. Likewise, 3D models may not be redistributed or commercially utilised if they are not sufficiently different from the original 3D model. 3D models may only be resold if the user has made a significant artistic contribution to the creation of the model and has thus changed the model to such an extent that the actual 3D model takes a back seat to the new artistic creation.
All user-generated content that the customer creates, edits and animates by using the Prisma3D app shall be stored locally on the customer’s mobile device. An upload to services/servers of WondaPix Technologies GmbH shall not take place.
8.2 All rights in relation to the user-generated content remain in the sphere of the customer. In particular, WondaPix Technologies GmbH does not claim any copyright ownership of the customer’s user-generated content.
8.3 The customer shall ensure that the user-generated content does not infringe the rights (copyrights, trademark rights, design rights and personal rights) of third parties. In this respect, the customer shall be responsible for obtaining the relevant authorisation from the third party concerned. The customer shall bear this responsibility from the time the user-generated content is created, irrespective of its public reproduction or any intention to distribute it.
In particular, the customer shall ensure that the user-generated content does not constitute illegal, unlawful, defamatory, harmful to minors, sexualising, obscene, defamatory, harassing, derogatory, racist or otherwise offensive or inappropriate content or invade the privacy of third parties. Furthermore, user-generated content may not be used to advertise alcohol, drugs, weapons or similar products or services.
The customer may not create or use user-generated content in such a way as to lead people to assume that it is an official product of WondaPix Technologies GmbH.
If user-generated content violates the provisions of these GTC, the customer must delete it immediately.
8.4 The customer authorises WondaPix Technologies GmbH to use its user-generated content as soon as it reproduces it publicly. Subject to mandatory legal restrictions, the customer grants WondaPix Technologies GmbH an unlimited, irrevocable, geographically unrestricted, free, non-exclusive, sub-licensable and transferable right to use the user-generated content as well as any individual elements, in all media, formats and forms that are known now or become known later. The licence therefore includes the granting of all immaterial and physical acts of exploitation that are necessary to ensure full exploitation, including commercial advertising and marketing purposes. This includes, in particular, the reproduction right, editing right, broadcasting right, right to make available to the public, distribution right, performance right and presentation right. The provision of § 327p BGB remains unaffected.
9. Warranty, Liability
9.1 For the customer as a consumer (see section 2.1), the statutory warranty rights apply. This also includes the obligation of WondaPix Technologies GmbH to provide the updates required for the contractual conformity of the digital product in accordance with § 327f BGB or to carry out updates (see section 7.2).
9.2 WondaPix Technologies GmbH shall endeavour to ensure the permanent availability of the Prisma3D app and – depending on the customer’s separate purchase – the additional functions of the Prisma3D app. Disruptions or the temporary discontinuation of the Prisma3D app or the services offered on it may result from maintenance, security or capacity issues as well as events beyond the control of WondaPix Technologies GmbH (e.g. disruption of public communication networks, power failures, etc.). WondaPix Technologies GmbH is not responsible for any damages incurred by the customer due to a temporary lack of availability, unless the lack of availability is the result of wilful intent or gross negligence on the part of WondaPix Technologies GmbH.
9.3 If the customer fails to install a properly provided update, WondaPix Technologies GmbH shall not be liable for any product defects and damages which are solely attributable to the lack of this update, provided that WondaPix Technologies GmbH or Google Commerce Limited has properly informed the customer of the availability of the update.
9.4 Claims for damages due to breach of duty and from unauthorised action as well as claims for compensation for futile expenses are excluded both against WondaPix Technologies GmbH, its executive bodies and against its vicarious agents.
9.5 The limitation of liability within the meaning of clause 9.4 shall not apply if the damage was caused intentionally or through gross negligence, or in the event of a breach of material contractual obligations, i.e. those contractual obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely, and whose breach on the other hand jeopardises the achievement of the purpose of the contract. It does not apply to damages resulting from injury to life, body or health if WondaPix Technologies GmbH is responsible for the breach of duty. Furthermore, the limitation shall not apply to damages based on the absence of a warranted characteristic.
9.6 In the event of a claim for damages for the slightly negligent breach of material contractual obligations (see clause 9.5) and in cases of grossly negligent breach of secondary contractual obligations, liability shall be limited to the foreseeable damage typical for the contract. This shall not apply in cases of personal injury or damage caused by the absence of a warranted characteristic.
10. Data Protection
The data protection practices of WondaPix Technologies GmbH are in accordance with the General Data Protection Regulation (GDPR) and the German Telemedia Act (TMG). All information on the collection, processing and use of users’ personal data can be found in the data protection information.
11. Feedback (“Bug report”)
By providing feedback in the form of ideas, bug reports, concepts or features, the customer grants WondaPix Technologies GmbH a simple, free, irrevocable, perpetual, transferable and sub-licensable right to use, reproduce, distribute, modify, adapt and create derivative works based on your feedback. This includes in particular the right to commercial use. This includes the use, adaptation, presentation and distribution, both in the development, production, marketing and maintenance of products and services of WondaPix Technologies GmbH. The customer accepts that there are no obligations on the part of WondaPix Technologies GmbH.
WondaPix Technologies GmbH is not obliged to use the feedback provided by the customer. The customer also agrees that if the customer’s feedback is used, WondaPix Technologies GmbH is not obliged to recognise it by naming the customer or to compensate the customer. The customer guarantees that he has sufficient rights to the feedback and that no third-party rights conflict with this.
12. Changes to the GTC
WondaPix Technologies GmbH is authorised to amend these GTC with effect for the future. The amendments shall become effective if the GTC in their amended form are included in a legal transaction. They shall also be deemed to have been effectively agreed if WondaPix Technologies GmbH refers to the amendments in electronic form, e.g. in the app, the customer can take note of the amendments and does not object to them within three weeks of receipt of the notification of amendment. The notification of change shall contain the deadline and the consequences of failure to comply with the deadline. In the event of an objection, WondaPix Technologies GmbH reserves the right to terminate the business relationship.
13. Final Provisions, Dispute Resolution Procedure
13.1 The contract shall be governed exclusively by the law of the Federal Republic of Germany. The application of the UN Sales Convention and German private international law is excluded. If the customer is a consumer (cf. Clause 2.1), the mandatory consumer protection provisions applicable in the country in which the customer has his habitual residence shall also apply, insofar as these offer the customer further protection.
13.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the District Court of Munich I shall have exclusive jurisdiction for disputes concerning all claims arising from the contractual relationship between WondaPix Technologies GmbH and the customer. This shall also apply in cases in which the registered office or usual place of residence of the customer is relocated outside the area of application of the German Code of Civil Procedure after conclusion of the contract or is unknown at the time a lawsuit is filed.
13.3 Should one or more provisions of these GTC be or become invalid, both the contract and the remaining provisions of the GTC shall remain valid. The customer and WondaPix Technologies GmbH undertake to replace the corresponding provision with provisions which correspond economically to the purpose of the contract.
13.4 Link to the OS platform in accordance with Art. 14 para.1 of Regulation EU No. 524/2013:
Platform of the EU Commission for online dispute resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE
WondaPix Technologies GmbH is neither legally nor voluntarily obliged to participate in a dispute resolution procedure before a consumer arbitration board. In the event of a dispute, WondaPix Technologies GmbH will endeavour to find a mutually acceptable solution with the customer. As arbitration bodies are subject to a fee, WondaPix Technologies GmbH will not participate in a dispute resolution procedure before a consumer arbitration body, even in the customer’s well-understood interest in terms of costs.
Contact
WondaPix Technologies GmbH
Spicherenstraße 3, 81667 Munich
Register court Munich, register number: HRB 287724,
VAT ID No.: DE364189427
E-Mail: info@wondapix.com