1. Subject matter
1.1. immmr provides IP-based messaging and calling as well as other solely internet based communication services (“service”) across mobile and desktop devices. You can access the service on your smartphone mobile device through our app (“immmr app”) and via Chrome web browser. The provision, licensing and use of the immmr app is subject to these terms of service (“TOS”).
1.2. Value added services (“VAS”) such as landline and mobile calling are provided by and can only be purchased from designated partners of immmr (third-party-providers). immmr is not responsible for the provision of VAS and merely makes available the platform. The purchase and use of VAS from third-party-providers is subject to additional terms and conditions of the third-party provider.
1.3. immmr provides additional functions and credits (“extras”) that can be used for or in connection with the VAS. Extras can be purchased through the immmr website and through the immmr portal within the immmr app. These purchases are subject to the additional terms & conditions.
1.4. The Service is open to any person of at least 13 years. By using the Service you agree to use it solely for you own needs and in the context of a personal and non-commercial purposes.
2. Technical Requirements, Registration of User Account
2.1. The immmr app is available for the Android and the iOS operating system and can be downloaded from Google Play Store and Apple App Store. Installation of the immmr app requires certain technical specifications of your device (e.g. a certain version of your firmware). The service is also available on the current version of Chrome web browser.
2.2. To use our service you need to register an account. Registration requires a mobile device registered in a mobile phone network.
3. Availability of service
3.1. The immmr app and the service are provided free of charge. Use of data intensive functions of the service such as video calling result in high data transfer volumes and may lead to additional costs when you use the service with mobile data depending on your telecommunication plan.
3.2. Notwithstanding obligations resulting from agreements with third-party providers immmr is under no obligation to provide any level of availability of the immmr app or the service or maintain the operability of the immmr app on your device.
3.3. immmr may at its discretion refine, modify or update the service or the immmr app or offer the service against payment in the future.
3.4. Availability of the service can be limited due to restrictions of your network provider or network capacity.
4. Fair Use Policy, Cancellation of account
4.1. Use of the service is only permitted in accordance with these TOS.
4.2. Unfair use of the service occurs where your use is reasonably considered by us to be fraudulent, contrary to the intended use, or to adversely affect our service or other customers’ use of or access to the service or to ours or third party-provider’s communication networks.
4.3. In particular the following is considered not to be fair use:
- Conveying, storing or making available of content that
- is illegal by any applicable law or infringes on third party rights.
- is offensive, obscene, hateful, intimidating, harassing, defamatory
- incites, encourages or approves of such inappropriate conduct
- contains falsehoods, misrepresentations, or misleading statements
- impersonates someone
- commercial use, including promotional communications, re-selling or arbitrage selling
- use for the purposes of a call center
- offering the service or parts thereof to third parties
- relaying, rerouting, transmitting or forwarding of third party communication, indirect calls,
- sharing of the communication service with third parties that are not participants of the same communication
- using the service by or making it accessible to a software, a server or any other automated use, especially to make or mediate calls to certain or random numbers or users
- keeping the service in use for other purposes than your private communication to another person or any use other than person-to person communications.
- using the service for the purpose of generating traffic on the network
- making calls to or accepting calls from numbers or telecommunication services that charge additional rates or to otherwise generate revenue or prompting payments to you or a third party
- Group video calls exceeding a total call time of 750 minutes per month.
- transmission of bulk communications any kind of Software interference, alteration or change of functionality of the immmr app.
4.5. If you are in breach of our fair use policy, we will may ask you to desist from such infringement. We also retain the right to cancel your access to the service in full or in part for any reasonable period of time without giving prior notice. We are allowed to assume a breach of the fair use policy if we detect certain communication patterns that are typically consistent with a breach of the fair use policy, for example repeated calls of unusual short or similar duration, communications to an amount of third parties that exceed the probable number of personally known contacts.
4.6. Cancellation of your account can result in loss of data, messages or other content sent or received through the service.
4.7. After our cancellation of your account you are not allowed to register under a different user name or different mobile phone number.
5. Rights of use
5.1. The immmr app is subject to intellectual property rights, in particular copyrights, of immmr.
5.2. You are granted a limited, non-exclusive, revocable right to run, display and use the immmr app for the purposes specified in this contract for the duration of the contract. immmr may limit the number of devices usable per account. Your rights only apply to the version of the app properly installed on your device and are non-transferable.
5.3. Unless required to exercise statutory rights under Copyright Law or stated otherwise in these terms, you are not allowed to:
- rent out, lend or in any other way charge a third party for the use of the immmr app
- retranslate, decompile, disassemble, alter, port, translate or change in any other way the immmr app,
- duplicate, spread out, send, publicly display or in any other way make available to third parties the immmr app, or remove, supress or change any trademarks, logos or copyright remarks which are part of the immmr app, the service or any accompanying product.
6. Emergency Calls
The service does not support any type of emergency calling. By accepting this TOS you acknowledge and accept that you are not able to make emergency calls directly via all of your immmr apps and enabled devices.
In case you are using your immmr app on your mobile phone device with active and valid subscription with a mobile operator while dialing a national or internationally recognized emergency service number the native dialer will be launched, and the call will be placed over your carrier’s cellular network. You may additionally always be using your mobile phone for making emergency calls via your cellular provider as usual. In any event, the routing and transmission of the emergency call is being carried out by your mobile operator and immmr can therefore not be held liable in the event of a failure of transmission of emergency calls for technical reasons or due to the geographical situation of the user. Please note that personal computers, tablets and other devices are not suited to place emergency calls. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.
7. Data use and Data protection
7.1. Any information you directly submit to us during registration or the subsequent use of the service will be exclusively used for purposes of the contract.
The provision of the immmr services including the accessibility of your communination across different devices makes it necessary to store any content sent or received through the immmr service as well as the related traffic data for the duration of the user agreement. You can cause the definitive deletion of such content by immmr at any time by deleting it within the immmr app. Your consent is a prerequisite of the immmr service and can be withdrawn via termination of the user agreement in accordance with the applicable termination regulations.
7.2. We might use an e-mail-address you provide in connection with the use of our service to contact you about other goods or services by us. You can object to such contact at any time and without incurring any costs other than the regular transmission costs. Other than that immmr will not share your communication with anyone.
8. Duration and Termination, Effect of Termination
8.1. The user agreement with immmr for the service starts with the successful completion of the registration process and is not limited by time.
8.2. You can terminate the user agreement for the service without any notice period at any time by deleting your account. Deletion of the immmr app does not terminate your user agreement.
8.3. Where you have either purchased VAS or Extras from us you have to observe the notice period and formal requirements determined in additional terms and conditions applicable. immmr has the right to suspend or terminate the service with a notice period of 5 days. Suspension or termination of the service does not affect your access to VAS or Extras.
8.4. When you delete your user account, immmr will delete all your data apart from those which have to be kept for mandatory legal reasons. Prior to deletion or in case of a notification of termination according to Sec. 8.3. you should back up your data.
9. Warranties, Disclaimer
9.1. The service is provided “as is” and free of charge. We make and you receive no warranties in connection with the immmr service, or modifications or improvements thereto, express, implied, statutory or in any other provision of this agreement or other communication by us.
9.2. We specifically disclaim all implied warranties, including warranties of:
- non-infringement of third party rights by the immmr app or the service,
- fitness for your and/or general purposes or arising from a course of dealing, usage or trade practice,
- continued availability of the immmr app or the service, or timely remedy of any defects of immmr app.
10.1. immmr shall be liable as provided by applicable law without contractual limitations for any and all damages resulting from (i) any guarantee given by immmr or from any fault immmr knowingly did not inform about, (ii) any harm to life, physical integrity or health, (iii) any damages resulting from any breach of obligation committed with intent or gross negligence on behalf of immmr or on other intentional or grossly negligent behavior on behalf of any legal representative or assistant of immmr, or (v) the German law of product liability (ProdHaftG).
10.2. The third-party provider is solely responsible for the VAS. immmr does not assume any guarantee or liability, in particular on their flawlessness, sufficiency, freedom from third party rights, or economical usability of the VAS.
Version: February 2017