MaxWhere 3D Platform - End User License Agreement

Last updated September November 07, 2022

Thank you for choosing to use MaxWhere. The MaxWhere 3D platform is a product and intellectual property of MaxWhere Group (henceforth "MaxWhere Group" or "we"). MaxWhere Group is based in Gyor, Hungary (Győr, Szent István út 10/A, 9021 Egyetem tér 1. Új Tudástér. ép, Győr, 9026, Hungary). You can contact us at contact@maxwhere.com.

The MaxWhere software (henceforth "MW Client") was meant to be used together with the MaxWhere Store (henceforth "MW Store") and MaxWhere 3D Cloud (henceforth "MW 3D Cloud") services. MW Store and MW 3D Cloud have been integrated into MW Client and they can be accessed only through this software. MW Client, as well as MW Store and MW 3D Cloud are components of a larger ecosystem called the MaxWhere Platform (henceforth "MaxWhere"). The services surrounding MW Client - including the MW Store and MW 3D Cloud will henceforth be referred to as "Related Services". Regardless of what components of MaxWhere you may or may not wish to use, you are required to accept the Terms and Conditions of MW Client (henceforth "T&C") and the Terms of Use of the MW Store and MW 3D Cloud services ("Terms of Use") - otherwise you may not access ANY component of MaxWhere. Both the T&C for MW Client and Terms of Use for Related Services are contained in this End User License Agreement ("EULA"). For privacy and data security related information, please see our Privacy Policy.

MW Client - Terms and Conditions

If you want to use MaxWhere, you must consent to these Terms and Conditions. Please read these Terms and Conditions (T&C) carefully. If you do not consent to them or understand them, then you are not to use MaxWhere. Please be aware that when you agreed to our Terms of Service you agreed that you are responsible for any and all conduct and content under your account, including all spaces and installations, you are affiliated with. For further information please visit: https://www.maxwhere.com/content-management-guideline. This guide summarizes not all, but some key, practically important rules.

1. About MW Client and Subscription and Cancellation Policy

MW Client is a software that can be downloaded and installed on a computer running Windows or MacOS. When launched, MW Client runs in a separate window of its own. Using MW Client, you can download 3D interactive spaces ("Spaces" or "MW Spaces") as individual apps from the Internet (MW Store). The spaces can then be run on MW Client, that is, displayed and refreshed based on user interactions and operations. The spaces include "Smartboards", which in turn allow users to display and share content from the web and from their own device. The Smartboards are essentially web browsers that represent individual tabs within a classical 2D browser and appear in an appropriate arrangement and size within the MaxWhere spaces using the MaxWhere Browser 23 Technology.

Once you decide you want your Own Space, the Space Creator Interface has been developed to manage your own Spaces, assign user access and select the subscription packages you need for your Spaces. This interface allows you to select the Demo Space to start your new space, choose the proper subscription package, and share it with others. The content and pricing of each package have been designed considering the needs of MaxWhere users – making sure you and your user community pay for only what you use.

There is a limited free version available for micro-communities and non-commercial use, and there are three additional subscription packages to choose from:

Individual package

Team package

Business package

Enterprise package

The limits and pricing of each of the subscription packages that users can subscribe to are summarized in the table below:

In addition, users can purchase add-ons to increase the limits included in their package, called Power Up add-ons, which they can buy more of if they need to. The following add-ons can be purchased with subscription plans:

Buying a package is quick and convenient online, just use a credit card. We have integrated Stripe, one of the most popular online payment platforms. You can access Stripe's privacy notice here: https://stripe.com/en-hu/privacy

MaxWhere has a 100% satisfaction guarantee! If you are not satisfied with our service, please contact us. Also as a paid MaxWhere user, you can cancel or downgrade your subscription at any time, which will come to effect at the next renewal date.In case you cancel or downgrade, fees are not-refundable, except our 14-day money back guarantee period. If you cancel or downgrade your subscription before the next renewal cycle, you will retain access to your spaces and its futures until the end of the subscription period. At the end of your subscription period, you will be automatically changed to free user.If you would like to request a refund, please contact oursupport at support@maxwhere.com.

2. Using MW Client

If you are an underaged person according to the laws of your country, you must have parent or guardian approval to use MW Client and to accept the T&C. Please observe the age-related restrictions that might apply to you when accessing specific content and functionality in the MW Spaces.

2.1.

You have the right to download and install the MW Client on any number of devices.

2.2.

The MW Spaces may contain dynamically changing online content (web pages, web applications, uploaded pictures, pdf documents, videos etc.) uploaded by you or by other users (including private individuals, companies, legal entities etc.). We at MaxWhere Group are not in a position to influence such content, as the content does not belong to us (therefore, we refer to such content as "connected content"). It is important to follow the basic rules of our Content Management Guidelines related to connected and any kind of content. Be aware that the source (URL) of connected content will be visible in the address bar of the Smartboards. You shall accept that we cannot and will not issue warnings for any specific age group, group identity, religion, racial or political background in terms of any potential offense caused by connected content, or in terms of potential risks of viewing connected content. It is your responsibility to use the MW Spaces with the same precautions as when you normally use any web browser. MaxWhere Group takes no responsibility and shall not be held accountable for any connected content and will decline any claim for damages based on such content. All liability for such content belongs to the person or organization making the content available. We reserve the right to check all connected content and to remove or decline to make available such content if we believe it is likely to violate the law, cause harm to certain groups or be opposed by certain users based on reasonable principles. However, this does not necessarily mean that we can or will check all content, and even any content, thus we ask you never to assume that we do so. If you happen to come across content that may be inappropriate or offensive, please report it to us at contact@maxwhere.com. We reserve the right to decide whether to take such reports into account, although we will do our best to do so.

2.3.

You shall consent to the following: if MaxWhere Group believes that you are displaying disparaging content at any place that is in connection with MaxWhere, including in the MW Spaces, then MaxWhere Group has the right to terminate your contract towards using the MaxWhere immediately. MaxWhere Group has the right to block, or otherwise restrict access to your content, and even to delete any part of it. You accept that you are not entitled to any damages and you have no right to seek legal actions against MaxWhere Group in such cases.

2.4.

MW Client, MW Store and other MaxWhere services may contain a short description of each MW Space, which we suggest reading prior to downloading it. The summary for each MW Space is written by the person or organization who shared the MW Space (the "publisher"), thus he / she / it alone is responsible for the accuracy of the summary, especially in cases where the MW Space can be dynamically modified, even after its initial release, through online interactions by the publisher of the MW Space or other users.

2.5.

Whether you have access to web content shared within a MW Space depends on the country you are in, and it may be the case that some part of the content, or the entire content - set in the MW Space prior to its release - will be inaccessible from your location. Therefore, it may occur that a certain content, modified in one country, will be left unchanged, or will appear in a completely different way in another.

2.6.

You shall accept that by uploading or by storing any kind of content on MW Client or Related Services, all claims for damages related to the content are your sole liability. Please always remember, that you use MaxWhere at your own risk.

2.7.

Some information as well as some services - such as MaxWhere Smartboard Sharing - connected to MW Client can also be displayed on mobile devices. Do not use your device in dangerous situations, such as on the road while driving, or in any other situation requiring concentration.

2.8.

Certain Related Services provided with MW Client may have additional terms of use. The present Terms and Conditions does not apply to the acceptance of the terms of use for such services.

2.9.

MW Client can be downloaded and installed on a computer from http://www.maxwhere.com. If you have a version of MW Client that you did not download from this webpage, then you may not install and use that version on any of your devices. If you obtained this copy of MW Client in any way other than explicitly downloading it, then you may not use it, and you must delete it from your computer. We then recommend that you visit http://www.maxwhere.com and download the latest version of MW Client from there.

2.10.

Currently, MW Client runs only on desktop and laptop computers. For the best user experience, suggested system requirements are as follows:

WINDOWS PCs:

• MS Windows 10 or newer
• System memory: minimum 8 GB
• Minimum free disk space: 2GB
• Minimum GPU: Intel UHD Graphics 630 or better
• Recommended GPU: NVidia 1050 TI or better

Apple computers:

• macOS 10.15 or newer
• System memory: minimum 8 GB
• Minimum free disk space: 2GB
• Minimum GPU: Intel UHD Graphics 630 or newer
• Recommended GPU: Apple M1

If the capacity of your device differs from these specifications in a significant way - for example, your memory capacity (RAM) is less than 8 GB (e.g. 4 GB), or you do not have a graphics card (neither dedicated nor integrated with the minimum recommended processing power) then MW Client may not be able to display the MW Spaces and the interactions within them, or at least not in a way that provides a good user experience. The quality of user experience will also depend on the specific spaces that are loaded (some will require more, some will require less computing power). The more complex the MW Space that you download and run on MW Client, the larger the memory capacity and graphics performance that you will need. Less complex spaces can often be run on less powerful devices.

When using MW Client on a laptop, we recommend that you use a mouse instead of a touchpad, to utilize MaxWhere's Cognitive Navigation Technology to its fullest potential.

2.11.

MW Client can be installed free of charge for personal use. If you use MW Client for commercial purposes - i.e. within a company, private business or in any kind of production process for commercial purposes - then license fees will apply to you. For information on our licensing policy, please contact MaxWhere Group Ltd. at contact@maxwhere.com.

2.12.

You shall observe the rules and principles laid out within MaxWhere, including all the relevant terms of use and license agreements. Do not abuse the platform in any way. You may not and must not disrupt our services or try to use them in a way that is different from the means of interaction provided by the controls and interfaces provided by us. You are to use the MaxWhere in accordance with the laws in effect.

3. Third Party Fees

3.1.

You shall pay all fees incurred by access to services provided by third parties (for example Internet Service Providers, mobile operators, etc.), including mobile data traffic and mobile access when using MW Client. MW Client uses data traffic especially when downloading the MW Spaces and when loading the web content inside the MW Spaces. The graphical geometry and textures of the MW Spaces, as well as the animations and interactions within them will be computed and rendered on your device without any data traffic. If you have an average speed Internet connection, that will be appropriate for you to use MW Client.

3.2.

You shall pay the fees incurred by third parties when using web services, or other connected content found in the Smartboards.

4. Intellectual and other forms of property, exclusivity

4.1.

By using MW Client, you will not obtain any creative or intellectual right to MW Client, the MW Spaces, Related Services, or the content available therein. Further, you will not obtain any creative or intellectual right to any component of the MaxWhere, not even if you modify any of the connected content and consider the modified content or the new group of content thus created to be your own work. You may not use content from the MaxWhere, except upon written approval from the owner of the content or when otherwise permitted by the law. You are not to use the trademarks and emblems that appear on the MaxWhere and within the MW Spaces. You shall not remove, modify or make illegible any of the legal notices visible on the MaxWhere. If you come across such an incident, please contact us at contact@maxwhere.com.

4.2.

By using MW Client or by accepting these Terms and Conditions, you will not obtain any rights to exclusivity with respect to any content on the MaxWhere, or within the MW Spaces. You will not have exclusive rights to any component of the MaxWhere.

4.3.

By sharing, placing, or uploading any kind of content on or to the MaxWhere (or on any component of the MaxWhere ), you accept that MaxWhere Group will have the right to manage, to store and to modify that content .You also give full rights to MaxWhere Group to fine-tune and modify such content so that it can work better and more efficiently on the MaxWhere, thus measuring up to the technical expectations and aesthetic standards of MaxWhere's users. Further, you grant MaxWhere Group the right to display your content, and to make it public if you share it with public access on the various Related Services (for example if you share a project on MaxWhere Smartboard Sharing).

5. Restrictions

5.1.

You may not sell, lend, lease, distribute, hand over, share, modify, sub-lease, take over, or transfer any component on the MaxWhere, any MW Space or any connected content to a third party except if you have the written approval of MaxWhere Group and you act in the way you were permitted to. You are not to use the MaxWhere as part of any business service except if you have the written approval of MaxWhere Group and you act in the way you were permitted to. If you wish to make use of the MaxWhere in any such way, please contact MaxWhere Group at contact@maxwhere.com.

5.2.

You may use and display MW Spaces only within the MaxWhere and only if you acquired and downloaded them from the MaxWhere. You are to use the MaxWhere components only in connection with the MW Client.

5.3.

You may not use MW Client or any of the MW Spaces with software that can capture data streams with the purpose of recording, copying or sharing any part of the MaxWhere experience, that is, any part of the visual experience offered through the MW Spaces and connected content.

5.4.

Under no circumstances are you permitted to try to, or to help, encourage or authorize others to bypass, turn off or deactivate any security function / component of MaxWhere which serves to block, or to make it harder to illegally access (copy or modify) any part of the MaxWhere.

5.5.

You may not try to, or to help, encourage or authorize others to take out or decode any operational code, data, or 3D graphical content in any form from the MaxWhere.

5.6.

You may not remove watermarks, labels and other legal or owner's notices appearing in any connected content. Further, you are not to modify any connected content acquired on MaxWhere and you may not try to conceal or modify the owner's name of the MW Spaces and any other acknowledgement of sources used in the creation of the MW Spaces.

5.7.

You shall not decode and decrypt or try to decode and decrypt any of the components of MaxWhere, including MW Spaces and other content created by third parties. You may not install any kind of malware on the platform or in any of the MW Spaces and connected content.

6. Activities in dangerous / hazardous environments

MaxWhere - with all its components - is not meant to be used in nuclear plants, lifesaving systems, emergency communicational systems, navigational and communicational systems, air traffic control systems or any other system where the flaws of the service or any of its components might lead to death, injury or damages to property. By using MaxWhere, you accept that MaxWhere Group has no responsibility for any damage resulting from the use of MaxWhere. It is you, the user's responsibility to decide when and how to use MaxWhere responsibly. If you wish to use MaxWhere for industrial purposes regardless of these circumstances, then please contact MaxWhere Group at contact@maxwhere.com.

7. Defense against malware

To defend against malware, phishing attacks and other security issues originating from third parties, MaxWhere Group has the right to accept information on the network connection of your device, on possibly dangerous URLs loaded on your device, on your operating system and on the MW Spaces downloaded to your device through MW Client or other MaxWhere services. If MaxWhere Group thinks that a modified MW Space or a URL or other connected content provided by a third party is not secure, then MaxWhere Group will warn you accordingly. It is your responsibility to decide whether to continue using the connected content or MW Space in such cases. However, if it is a well-known fact that a certain connected content causes damage to users' devices or users' data, then MaxWhere Group has the right to prevent you and all other users from accessing the connected content, even without prior notice. MaxWhere Group takes no responsibility for removing malware. Any such action is carried out for the sake of the common good.

8. Collecting data and information on the user

8.1.

You accept that usage of certain components of MaxWhere require you to open a personal account - consisting of an e-mail address and a password, and that details of your account will be stored on the cloud. All personal details are stored securely by MaxWhere Group through industry standard security protocols implemented by Amazon Web Services (AWS).

8.2.

You have understood and accepted that you have the right to delete all your personal data (your email account, for example) stored in the cloud by MaxWhere Group. However, because MaxWhere will not track you, nor the content on your devices, MaxWhere Group will not be able to delete any of your locally stored data (i.e. data on your device) for you - you must do this yourself.

8.3.

If you are using a device other than your own to run MaxWhere, and / or especially if you decide that you are no longer going to use a specific device running MW Client, we advise you to delete all of your personal content from that device (including the details of your MW account).

8.4.

You accept that anyone can delete MaxWhere data who has the privileges (authorization) to delete programs or files on that particular device. You accept that data accumulated through MaxWhere can be deleted anonymously on any given device (without knowledge of who the data belongs to). Therefore, if someone created a local account or some other data in MaxWhere on your device, you may delete that data, but you also accept that local data created by you might deleted if your file system or uninstall command is accessed by others. Please bear in mind that this can be the case when you are using someone else's device, or when you lend your own device to someone else.

8.5.

You accept, and you expressly authorize us to send you notices, warnings and security updates for administrative and security purposes in accordance with GDPR regulations.

8.6.

We do not collect personal data when you are using MaxWhere. We will not store your email address and password on your device. We will not give away your email address or password to third parties. You may also not collect any personal data from other users in connection with the MaxWhere.

8.7.

We do not collect data related to your online data traffic, displayed content, or any other online behaviors in general. Nor do we store personalized statistics on the way you use the MaxWhere.

8.8.

We reserve the right to collect anonymized usage data to provide better functionality and services, to eliminate bugs and improve the security of the MaxWhere. Such data is always collected anonymously, and we do not link our users to the data collected.

8.9.

You accept that data may be stored on your device as you use the MaxWhere, and that such application data will remain on the device until it is explicitly removed. For instance, if you carry out changes in a MW Space, then those changes may be saved automatically to your local account (but without explicit reference to your personal data) on the device in question. Examples include Internet addresses of modified content in Smartboards (as well as the content itself upon request, if available on the local file system). You accept that such data will be stored on your device - without reference to your personal details, such as email address or password - until explicitly deleted. Note once more that such data will not be linked to you but may be retrieved on your behalf based on the login credentials you provide. If you use the appropriate personal settings (see information on MaxWhere account) then this data will not be accessible by other users - at least not in connection to you and not in the MW Spaces or in the MW Client run on the given device. Other users also cannot determine whether you have created a MaxWhere account.

8.10.

Some of the components of the MaxWhere (for example an MW account) will require your personal data. You must safeguard this data and must not share it with anybody else. You may not collect the personal data of MaxWhere users, such as their email addresses, for example. If you come across such an incident, please contact us at contact@maxwhere.com.

9. Updates

9.1.

It may occur that from time to time you will need to update the components of your MW Client installation, for example to fix bugs, to improve functionalities, to access new add-ons and plugins, or to extend functionalities through newer versions (collective referred to as "updates"). Updates may be necessary to use the MaxWhere and any of its components properly and to have access to MW Spaces and connected contents.

9.2.

By accepting these Terms and Conditions, you give consent to receiving such updates. If we decide that the Update in question fixes critical vulnerabilities, the Update may be carried out automatically regardless of the settings of your computer or device (for example, the MW Cloud can be updated regardless of your device).

9.3.

In certain cases, Updates may need to be carried out manually.

9.4.

It may occur from time to time that some of the downloaded MW Spaces will not work properly following an update to the MaxWhere. The publishers of such Spaces will be responsible for updating their Spaces in the MW Store, to indicate the version of MW Client on which the Spaces function properly, and the user will be responsible for updating the MW Spaces on his or her own device. If any special rules apply to the use of a MW Space, then you must observe them. MaxWhere Group cannot take responsibility for the modified operation of third-party content on the MaxWhere, even if this happens during the Update process of MW Client or any other MaxWhere component.

9.5.

If these Terms & Conditions change you will be notified of the changes 30 days in advance and the new Terms & Conditions will only enter effect after the period of notification. You can be notified of the changes if you have provided us with your email address. However, it is very likely that in some cases such notification will appear only on the MaxWhere. If you are not willing to consent to the new Conditions by the end of the deadline, then you may not use the MaxWhere any longer, and you must remove all installations of MW Client from your devices.

9.6.

If you continue to use the MaxWhere after the expiration of the deadline, then you automatically accept the new Terms & Conditions. The new Terms & Conditions will apply to the use of all the components of the MW Client and MW Spaces (including previously downloaded MW Spaces), and also to all future downloads of any MaxWhere component.

10. Breach of License Agreement

10.1.

MaxWhere Group reserves the right to terminate your access to any or all components of the MaxWhere - without giving you any notification, refund or compensation - if you are in breach, or suspected to be in breach (pending investigation) of any of the stipulations of this End User License Agreement, either momentarily or for an extended period of time. In this case, you will not be allowed to use the MW Client, you will have no basis to make any claim for damages and you will lose all your rights incorporated in this End User License Agreement. In this case, you will also be obligated to remove MW Client from all of your devices with immediate effect. Note that in most cases you will be notified of our decision to suspend your license agreement except if we have good reason to believe that this might lead to MaxWhere Group or other legal entities being brought before the court or if this could reasonably hinder an investigation, would prevent any MaxWhere Group product, service or system from operating in a proper way, would cause harm to users, or would be against the law or contradict the orders of a law enforcement agency.

11. Warranties and Disclaimers

The laws of the European Union will apply to any disputes arising out of or relating to these Terms. All claims arising out of or relating to these Terms will be litigated exclusively in national courts of Hungary, and you and MaxWhere Group Ltd. consent to personal jurisdiction in those courts.

MaxWhere 3D Cloud Account - Terms of Use

Thank you for using MaxWhere 3D Cloud Service. The service, together with MaxWhere 3D Cloud Account (henceforth collectively referred to as "MW 3D Cloud") is brought to you by MaxWhere Group Ltd (henceforth "MaxWhere Group" or "we"). MaxWhere Group is a company based in Győr, Hungary ((Egyetem tér 1. Új Tudástér. ép, Győr, 9026 Győr, Szent István út 10/A, 9021, Hungary). You can contact us at contact@maxwhere.com.

The Terms and Conditions of MW Client ("T&C") and these Terms of Use apply together to the use of MW 3D Cloud. If there is any kind of contradiction between the Terms and Conditions of MW Client and these Terms of use, then these Terms of Use shall prevail and must be applied to the use of MW 3D Cloud Account.

By using MW 3D Cloud Account, you accept both the Terms and Conditions for MW Client and these Terms of Use. Please read the terms very carefully. If you decide not to accept them or do not understand them, then you may not open and use an MW 3D Cloud Account.

1. MW 3D Cloud Account

You may download a MW Space from the MaxWhere Store ("MW Store") only if you have an MW 3D Cloud Account and you have signed in to your account. When the download process begins, the space will be registered on your MW 3D Cloud Account. From then on, you will be able to access the same space though your MW 3D Cloud Account on any computer that runs MW Client. You can also download the latest version of (i.e. refresh) all Spaces from the MW Store that are registered to your MW 3D Cloud account.

Any time you create an MW Cloud Account, or log into a MW Cloud Account on a device running MW Client, a local MW 3D Cloud Account will automatically be created for the given MW Cloud Account (if there isn't already one) on that device ("MW Local Account). The two accounts together will be referred to as MaxWhere Accounts (" MW Accounts").

Spaces can be downloaded into the MW Local Account from the MW 3D Cloud Account and the MW Store. If there is an MW Local Account on your device, then you will not need an Internet connection to have access to it, i.e. the spaces on your device can be seen -and accessed, opened - without an Internet connection. However, you can access both Accounts automatically if there is an Internet connection.

The MW Local Account will save the changes created in your MW Spaces. These changes will not be stored in the MW 3D Cloud. It might happen that the content of SmartBoards (for further information see MW Store) inside Spaces with the same name run on different devices will be different.

2. When using a MW Account

2.1.

The MW Account is free of charge for personal use. If you use it for business purposes, or in the name of a business venture, or in the process of work-related tasks, then the use of the MW Account is subject to a license fee. In that case, please contact MaxWhere Group at contact@maxwhere.com.

2.2.

You may create a new MW 3D Cloud Account through the MW Client and you may access it through (and only through) an installation of MW Client running on your computer. To access your MW 3D Cloud Account, you will need an Internet connection. To access your MW Local Account, no Internet connection is required.

2.3.

You may use the MW Account only through the MW Client and may have access to the MW Account only through the MW Client.

2.4.

You may not use a MW Space or any other connected content (neither in parts, nor in its entirety) publicly, at a lecture or at any other public display if there is a restriction on the use of that Space or connected content.

2.5.

The MW Local Account will save the changes to the Smartboards in all MW Spaces automatically. In many cases, changes are saved through an address, or link to the content, but not through the content itself (by selecting certain functionalities, all content except for web content can also be backed up directly). Therefore, if there is a web content in a SmartBoard, then the MW Local Account will save the URL address loaded into the SmartBoard. Otherwise, if a locally stored file is opened from the device inside a SmartBoard, then the MW Local Account will save path to the file on the file system. By getting back into the MW Space, the Smartboards will automatically open the references stored within the MW Local Account. Of course, whenever the content referred to by the references changes, the changes will also be reflected inside the Smartboards. If a content with a given address was removed in the meantime (e.g. the file on the device was deleted) or otherwise cannot be accessed, then the SmartBoard may display a notice to that effect. The MW Local Account will automatically store the addresses that are "pinned " to the Smartboards, as well as the 3D viewpoints and transitions that form the "story" inside the MW Space.

2.6.

If you refresh or reload a space in the MW Local Account, then the space will automatically be set to "default" state, i.e. will go back to its original state, which is to say that you will lose all changes detailed in the previous paragraphs.

2.7.

You may delete the MW Spaces in your MW Local Account. You may not delete any of the spaces in your MW 3D Cloud Account, at least not one by one. You may delete all of the MW Spaces belonging to your MW 3D Cloud Account by closing your MW 3D Cloud Account.

2.8.

It may be the case that other conditions and system requirements must be met when you wish to use a particular MW Space and the connected content integrated in that space. In such cases you may be asked to accept these conditions to be able to use the spaces and its applications. The fact that you add the Space to your MW Account will not authorize you to bypass these conditions and does not mean that you will not have to give explicit consent to the conditions governing their use. Briefly stated, there is no connection between the use of MaxWhere and the need to accept further conditions that may pertain to individual spaces and applications within MaxWhere.

2.9.

The content of the Smartboards may be subject to access fees, depending on the content. The publisher (person or legal entity) who shares the Space will have the opportunity to send you a notice on possible extra charges through a description of the given MW Space on the MW Store. Downloading a Space from the MW Store will not mean that you have also obtained a subscription to the content that is loaded into the Smartboards within the space.

2.10.

Some MW Spaces published by MaxWhere Group may be registered automatically to your MW 3D Cloud Account. Examples include Tutorial Spaces as well as various public, so-called "FaceSpaces".

2.11.

If a Space is deleted from the MW Store, then it cannot be downloaded from the MW 3D Cloud any longer. It will nevertheless remain accessible through the MW Local Account until it is explicitly deleted by you.

3. Unauthorized access to Accounts

You shall pay particular attention to the defense / security of the registration data you provide and receive when opening your MW 3D Cloud Account. You may not share your login credentials with anybody else. You may not collect the personal data of other users, e.g. you may not gather the names of the different user accounts.

4. Denial of Access to MW Accounts (Disabled, Blocked Accounts).

MaxWhere Group reserves the right to terminate your access to your MW Account - without giving you any notification, refund, or compensation - if you are in breach, or suspected to be in breach (pending investigation) of any of the stipulations of these Terms of Use, either momentarily or for an extended period of time. In this case, you will not be allowed to use your MW 3D Cloud Account, and you will have no basis to make any claim for damages that may be caused to you as a result. Note that in most cases you will be notified of our decision to suspend your MW 3D Cloud Account except if we have good reason to believe that this might lead to MaxWhere Group or other legal entites being brought before the court or if this could reasonably hinder an investigation, would prevent any MaxWhere Group product, service or system from operating in a proper way, would cause harm to users, or would be against the law or contradict the orders of a law enforcement agency.

5. Data Security for MW Accounts

5.1.

All MW 3D Cloud Accounts are stored on an Amazon server in accordance with rules and laws in effect. You shall accept that we do not take any legal responsibility for data protection, which is provided through Amazon Web Services EMEA SARL ("AWS Europe") - in compliance with the data protection standards offered by AWS Europe, as outlined in these two documents: https://aws.amazon.com/service-terms/ , https://aws.amazon.com/agreement/ .

5.2.

MW 3D Cloud Accounts can be opened from the MW Client and are accessible by providing an email address and a password together.

5.3.

A user may terminate his or her MW 3D Cloud Account at any time. Anonymized data collected up to that point will not be deleted when terminating an MW Account, since such data cannot be linked to any specific MW Account. Further, the MW Local Accounts created on various devices (other than the currently used device) and associated with the given MW 3D Cloud Account will not be deleted. It is the user's responsibility to determine what devices are safe to install MW Client on and to use with his or her MW Account.

5.4.

The MW 3D Cloud Account (for which an Internet connection is required) and the MW Account (for which an Internet connection is not required) can be terminated by using the user's email address and the password. Terminating your MW 3D Cloud Account will result in your email address and password-related records being removed from our records. You will be notified of the termination process and of its success in an email.

5.5.

Deleting your MW 3D Cloud Account on a specific device - where you are carrying out the process of terminating your account - will also delete the entire MW Local Account and all of its content on that device.

5.6.

You can delete your MW Local Account on every device that you used to access your account.

5.7.

If you do not wish to use someone else's device or the device you shared with somebody else, then we suggest that you delete your MW Local Account and all of its content.

5.8.

The system administrator can uninstall MaxWhere and, hence delete all of the accounts on a given device at once. If other users have MW Local Accounts on your computer, then you can delete them as system administrator. Consequently, other users may delete your account on other devices or even on your own device provided that they have system administrator privileges.

5.9.

If you wish to delete your MW 3D Cloud and MW Local Account with all its content from all of your devices at once, then you must delete your MW Local Accounts from all devices first. Then, Delete your MW 3D Cloud Account from the last device.

5.10.

If you wish to change the password of an MW Account then you can do so by using your current password and email address. You may still have to use your old password to access your MW Local Account on other devices with no Internet connection, up until such time as MW Client is able to access the Internet.

5.11.

Your email address and password are not stored on any device running MW Client.

5.12.

If you have forgotten your password then you will be able to reset it in the account management options.

6. Usage analytics

6.1.

To be able to improve our services and fix bugs, MaxWhere Group reserves the right to collect anonymized usage data independent of and separate from any MW Account. Data gathered for the purpose of analytics will not contain any personal or user data.

6.2.

Collection of MW Account data

MaxWhere collects your data for two purposes. First, we need to store the e-mail address associated with your MW Account so that we can send you notifications in connection with your MW Account, for administrative reasons or in case of any security-related emergency. Second, in compliance with industry standards, we store a hashed version of the password associated with your MW Account on Amazon Cloud (Amazon Web Services EMEA SARL - "AWS Europe") to verify access to your MW 3D Cloud Account. MaxWhere Group will not use the data of its users for any purpose other than authenticating them and communicating with them, in compliance with GDPR regulations. MaxWhere Group will not give your data away or sell it to any third party. When a MW 3D Cloud Account is created, a unique identifier is generated for that account. The same identifier is used to associate the MW 3D Cloud Account with all MW Local Accounts that the given user may have. This identifier is handled transparently by MaxWhere, can be seen only by the administrator of the device which contains the MW Local Account, and cannot be linked to the user by anyone other than MaxWhere Group.

MaxWhere Store - Terms of Use

Thank you for using MaxWhere Store Service. The service (henceforth referred to as "MW Store") is brought to you by MaxWhere Group Ltd (henceforth "MaxWhere Group" or "we"). MaxWhere Group is a company based in Győr, Hungary (Győr, Szent István út 10/A, 9021Egyetem tér 1. Új Tudástér. ép, Győr, 9026, Hungary). You can contact us at contact@maxwhere.com.

The Terms and Conditions of MW Client ("T&C") and these Terms of Use apply together to the use of MW Store. If there is any kind of contradiction between the Terms and Conditions of MW Client and these Terms of use, then these Terms of Use shall prevail and must be applied to the use of MW Store.

By using MW Store, you accept both the Terms and Conditions for MW Client and these Terms of Use. Please read the terms very carefully. If you decide not to accept them or do not understand them, then you may not open and use an MW Store. You may receive some information on the content available through the MW Store at http://www.maxwhere.com.

1.

Content on MW Store Packages of digital content are available on the MW Store that include 3D graphics environments with animations and interactive operational logic, as well as connected software functionality and connected content. Each package can be downloaded as a single unity and may be installed in MW Client then can be run as an independent application on MaxWhere. Possible interactions with a running package can include 3D spatial interactions (navigating around, clicking on 3D objects) and 2D web interactions (opening local digital content - including .png, .jpg, .pdf, .mp4 and other files - or opening and navigating remotely accessible web content). Such packages will henceforth collectively be referred to as "MW Spaces". Each MW Space can contain any number of Smartboards, which allow you to open any web page accessible through the Internet as well as local files (including .png, .jpg, .pdf, .mp4 and .html). Thus, the MW Spaces may be considered as web browsers with each tab visualized as a Smartboard. The Smartboards may have different sizes and positions in the Space. The resolution of Smartboards will be set automatically. In the MW Store you can find different spaces, not just the ones owned or published by MaxWhere Group Ltd. Any manufacturer or individual may design their own spaces and make them available through MaxWhere Group within the MW Store. We refer to those persons or organizations who share a space inside the MW Store based on an agreement with MaxWhere Group as "publishers". One of the main features of the MW Spaces is that the content inside them may change dynamically, independently of when they were published and installed. Thus, the publisher may update the content online and the space can diverge from the state in which it was originally published and downloaded from the Store. Some webpages referenced by a given Space (for example YouTube, and other web-based applications) can be modified by third parties. Others may be modified by the publisher, and still others by you, the user, if you choose to open your own files inside of SmartBoards. Further, by using the MaxWhere Smarboard Sharing service, other users will be able to share additional images, PDF documents and websites inside the spaces. Such content is referred to as "connected content", upon which MaxWhere Group has no influence whatsoever. MaxWhere Group takes no responsibility for any connected content that may appear inside the MW Spaces. MaxWhere Group will also decline any responsibility for content and spaces shared by others. However, we will do our best to check on a regular basis that the operation and the content inside the MW Spaces stays within the limits of the law.

2. When using the MW Store

If you wish to visit the MW Store or browse among the available MW Spaces, you can do so free of charge.

2.1. Access to and use of MW Spaces

2.1.1.

If you wish to download a MW Space from the MW Store then you will need an Internet connection and an account opened on MW 3D Cloud ("MW Cloud" or "MW 3D Cloud Account"), which you may open in MW Client. You will need to run MW Client on your computer to use the downloaded spaces. MW Client can be downloaded from http://www.maxwhere.com and it can be installed and run on a computer with the appropriate technical specifications. You can only download content from the MW Store if you have access to your MW 3D Cloud Account.

2.1.2.

It may happen that additional conditions and system requirements must be met to use the space and the connected /related content accessible through the space. You may be required to accept further conditions to use the spaces or applications in these cases. Downloading a space from the MW Store and saving it to your MW Local Account will not authorize you to bypass these conditions and does not mean that you will not have to give explicit consent to the conditions governing their use. Briefly stated, there is no connection between the use of MW Client and the need to accept further conditions that may pertain to individual spaces and applications within MaxWhere.

2.1.3.

You can read a quick summary of the spaces in the MW Store, written by the publisher of each of the spaces before downloading them.

2.1.4.

The availability of spaces, functionalities and connected content may be different in every country, and it can happen that you will not be able to access all the functionalities and connected content in your country. Therefore, it may occur that a certain content, modified in one country, will be left unchanged, or will appear in a completely different way in another.

2.1.5.

It can happen that connected content will be subject to payment. The publisher of a given MW Space may send you a notice on fees that may apply in the description of the space inside the MW Store. Downloading a Space from the MW Store does not entail any kind of automatic subscription to the content that is shared inside the Space.

2.2. Age-related and other restrictions

2.2.1.

You must have a valid MW Account if you wish to use the MW Store. To open an account, you must meet the age-related requirements specified by the law.

2.2.2.

The spaces and connected content available through the MW Store may change following their publication and following their installation to specific devices. This means that while MaxWhere Group may validate the content prior to its publication, there is no way for it to follow the changes that a given space or content may subsequently undergo. Although MaxWhere Group will do its best to control the content within the MW Spaces, it is the user's duty to use the available content in an appropriate way.

2.2.3.

If you have concerns about or would like to report any given content for being abusive or offensive, please contact us at contact@maxwhere.com. We will pay attention to your comments, but we are not obligated to act in upon with them.

2.2.4.

By accepting the present conditions, you understand that MaxWhere Group reserves the right to block or delete any MW Space or connected content from the MW Store that it deems inappropriate orcontradicts the requirements of the Content Management Guideline .

2.3 Third party fees

2.3.1.

You are responsible for fees (access fees, data traffic fees) incurred by interactions with third parties (e.g. Internet or mobile service providers).

3. Updates

It may occur that from time to time you will need to update the spaces or content downloaded from the MW Store, for example to fix bugs, to improve functionalities, to access new add-ons and plugins, or to extend functionalities through newer versions (collective referred to as "updates"). Updates may be necessary to use the MaxWhere and any of its components properly and to have access to MW Spaces and connected contents. By accepting these Terms of Use and by using the MW Store you consent to receiving such updates.

4. Data on Users

4.1.

We will not collect personal data as to your use of the MW Store, and we will store no information about your activities on the MW Store.

Included Third-party Software Notices

The MaxWhere 3D Platform contains third-party software components for which additional terms may apply. The list of third-party components and the additional terms governing their use are set forth at https://maxwhere.com/licenses/MaxWhere-3rdParty-licenses\_3-0-0.pdf.

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