Terms of Use
Last Updated: July 23, 2026.
Hi there! We are Amped Labs UG (haftungsbeschränkt) (“us” “our” “we”). These terms of service (“Agreement”) constitute a legally binding contract that governs your use of our applications and websites including apps like Scenery, Scavengar, and Scavengar EDU (“Services” and "Apps").
PLEASE NOTE — SAFETY: OUR SERVICES DISPLAY DIGITAL CONTENT OVERLAID ON A LIVE VIEW OF YOUR PHYSICAL SURROUNDINGS AND REQUIRE YOU TO MOVE THROUGH REAL ENVIRONMENTS WHILE LOOKING AT A DEVICE. THIS CREATES RISKS OF INJURY THAT DO NOT EXIST WITH CONVENTIONAL SOFTWARE. PLEASE READ SECTION 19 (SAFE USE OF THE SERVICES) BEFORE USING OUR SERVICES.
PLEASE NOTE — CLAIMS: THIS AGREEMENT GOVERNS HOW YOU CAN BRING CLAIMS AGAINST US. IF YOU ARE A BUSINESS USER, THIS AGREEMENT REQUIRES YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST US TO BINDING, FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS EXPRESSLY LIMITS YOUR ABILITY TO BRING A CLAIM AGAINST US IN COURT AND YOUR ABILITY TO FILE OR JOIN A CLASS-ACTION LAWSUIT (OR ANY SIMILAR KIND OF COLLECTIVE OR REPRESENTATIVE ACTION) AGAINST US. IF YOU ARE A CONSUMER, THE ARBITRATION PROVISIONS DO NOT APPLY TO YOU AND YOU MAY BRING CLAIMS IN THE COURTS AVAILABLE TO YOU UNDER APPLICABLE LAW. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND UNDERSTAND ITS TERMS.
By using our Services, you hereby: (1) acknowledge that you had a chance to review this Agreement; (2) acknowledge that you understand this Agreement; and (3) agree to all the terms of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OUR SERVICES.
- Our Right to Amend this Agreement.
We may amend this Agreement from time to time.
If you are a Business User, our amendments become effective upon us posting the amended Agreement at this location, and your continued use of our Services after such posting constitutes your consent to such amendments.
If you are a Consumer, we will notify you of any material amendment by email or in-app notice at least 30 days before it takes effect, together with a clear statement of what is changing. If you do not object before the amendment takes effect, the amendment is deemed accepted; we will draw your attention to this consequence in the notice. If you object, either party may terminate this Agreement with effect from the date the amendment would take effect. Amendments that are necessary to comply with law, that correct errors, or that are purely to your advantage may take effect without this procedure.
Unless our amendment makes material changes to the arbitration terms, you agree that the amendments do not create a renewed opportunity to opt out of arbitration. - Eligibility.
You must be able to form a legally binding contract to use our Services.
You must be at least 18 years old to use our Services. By using our Services, you represent that you are at least 18 years old.
We may make the Services available to users under 18 in specific cases — including under an educational or institutional licence under Section 6(d) — but only where we have agreed to this in writing in advance, and subject to any additional conditions we impose. Except where we have so agreed, use by persons under 18 is not permitted. - Memberships and Subscriptions.
3.1) Becoming a member
a) You may sign up as a registered user of the Products free of charge (a “Member”). To become a Member you need to go to the relevant section of the Products, then submit a name and optionally an email address to us. If you provide an email address, you need to confirm the link we sent you via email on the device where you have one of our Apps installed. You can also choose to "Sign up with Apple". You are responsible for maintaining the confidentiality of your account and for restricting access to your Device. You may not register for more than one Member account.b) Our information collection and use policies with respect to the privacy of User Information are set forth in our Apps' Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
c) By registering for an account, you warrant that:
(i) You are at least 18 years old and legally capable of entering into binding contracts, or your use falls within an arrangement we have approved in writing under Section 2; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products does not violate any applicable law or regulation.3.2) Once a member
You are responsible for maintaining the confidentiality of your account, other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.3.3) Use by persons under 18
Use of the Products by persons under 18 is permitted only under Section 2. Where we have approved such use under an educational or institutional licence, the institution holding that licence is responsible for obtaining any parental or guardian consent required by law, for supervising participants, and for compliance with Section 19 (Safe Use of the Services) by those participants. The institution is our contracting party for that use; individual participants under 18 do not enter into this Agreement with us.3.4) Membership
By agreeing to become a Member you may receive marketing and survey communication emails with respect to the Products, where you have given any consent required by applicable law. You can unsubscribe from our commercial emails at any time by following the opt-out instructions in those emails.The Apps' membership accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted or free accounts or subscriptions.
3.5) Subscriptions
a) Our Apps' account holders may access the Products in two ways:
(i) "Basics": a free-of-charge program, which gives access to limited features on the app.
(ii) Paid Subscription (“Scavengar-Premium, Scenery-Pro, Scenery-Agency”): a subscription fee-based program, which gives access to all content including and beyond the "Basics" offering. The Scenery-Agency plan is also referred to as the Enterprise plan; the two names denote the same plan. You will only have access to Premium, Pro, Agency and Enterprise plans while your subscription is active and subsisting. You may access these plans in the following ways: by purchasing a subscription to the Products from the Website, within the Apps or where allowed by the App marketplace partners. If you purchase a subscription through the Apple App Store, the transaction is subject to Apple’s applicable payment and refund policies, and refund requests must be directed to Apple. Your statutory rights are unaffected — please see Section 27. Additionally, you may receive access via your Community (as defined and further outlined in Section 3.7). In such instance, you may still be required to provide your payment information in order to access the relevant plan.(b) You may access a paid Membership account via a monthly or annual subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
(c) Our “Monthly” subscription is paid in monthly instalments. For each month that your monthly subscription is active, you authorise us to charge the same payment card as was used for the initial subscription fee or other payment method as set forth in Section 3.5(h) (the “Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee.
(d) Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You authorise us to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee at the non-discounted rate. We will notify you by email at least 14 days before each annual renewal, stating the renewal date and the amount to be charged. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee.
(e) Where you cancel a subscription with effect during a paid period, you retain access until the end of that period. Refunds for partial periods are governed by Section 4.1 and by your statutory rights, including any statutory right of withdrawal under Section 27.
(f) Our Apps may offer certain special discount pricing options (the “Special Discount Pricing Options”), giving access to the same content included in the corresponding paid Membership. Special Discount Pricing Options shall only be available to qualified users (the “Qualified Users”). We determine whether you are a Qualified User at our reasonable discretion.
(g) You agree to promptly notify us in case of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(h) In the course of your use of the Products, our Apps and their third party payment service provider may receive and implement updated payment card information from your card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated card information is provided at the sole election of your card issuer. Your card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your card issuer.
(i) Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through our Apps for commercial purposes.
3.6) Device requirements
To enjoy our Apps via your iPhone, iPad, Mac, or other supported device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Apple App Store.3.7) Corporate and other consumer communities
Many consumer communities (corporations, universities, hospitals, etc.) (“Community” or “Communities”) purchase and introduce the Products to their employees and members. In some cases, these Communities may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage or supplementary payment. In such event, these Community terms and conditions shall also apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, the additional terms shall prevail — except that no Community terms may reduce your rights under Sections 17, 18, or 19 of this Agreement, or your mandatory statutory rights.3.8) Changing fees and charges
We may change our subscription plans or adjust pricing for our service or any components thereof. We will notify you of any price change affecting your subscription at least 30 days before it takes effect. If you do not agree to the change, you may cancel your subscription with effect from the date the new price would apply. Price changes do not affect the current paid period of an existing subscription. - Cancellation of Services.
4.1) Cancellation by you
(a) You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation via your account settings or by emailing hello@scavengar.world.
(b) You may cancel a Yearly subscription plan at any time. Cancellation is effective at the end of the applicable annual period. Additionally, our Yearly subscription plan is offered with a 30-day money back guarantee, which entitles you to a full refund upon cancellation and emailing hello@scavengar.world to request a refund. Such refund requests must be made within the first 30 calendar days from your first date of payment. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee. No such refunds will apply to subsequent renewals of the Yearly subscription or subscriptions purchased through the Apple App Store. This guarantee is in addition to, and does not limit, any statutory right of withdrawal you may have under Section 27.
(c) Please note that if you purchase a subscription through the Apple App Store, you may cancel your subscription by turning off automatic renewal of paid In App Subscriptions in your Apple account subscription settings.
(d) Consumers in the EU/EEA — right of withdrawal. If you are a Consumer resident in the EU or EEA, you have a statutory right to withdraw from a contract for paid Services within 14 days without giving reasons. Details, including how this works for App Store purchases and the model withdrawal form, are set out in Section 27. This right is unaffected by anything else in this Section 4.4.2) Cancellation by us
We may suspend or terminate your access to the Products where you materially breach this Agreement, where required by law, or where necessary to protect the safety of users or third parties. Except where immediate action is necessary — including cases of fraud, unlawful activity, or a risk to safety — we will give you notice and, where the breach is capable of being remedied, a reasonable opportunity to remedy it. A breach of these Terms includes, without limitation, the unauthorized copying or download of our audio or video content from the Products, and breach of Section 19.4.3) Promotion and discounts
Any promotion code or offer (including the Special Discount Pricing Options) provided by us may not be used in conjunction with any other promotion code or offer, past or present. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased. - Fees and Purchase Terms.
5.1. Purchases
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sub licensable, revocable license to use (a) “virtual currency”, including but not limited to virtual credits, all for use in Amped Labs UG (haftungsbeschränkt) games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.Amped Labs UG (haftungsbeschränkt) may manage, regulate, control or modify Virtual Items and/or Merchandise. Where we intend to discontinue or materially reduce the functionality of Virtual Items you have purchased, we will give you reasonable advance notice and, where the change deprives you of value you have paid for, a proportionate refund or equivalent replacement. This does not apply to changes required by law, necessary for security, or that do not materially affect your use.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid.
PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE, EXCEPT WHERE A REFUND IS REQUIRED BY APPLICABLE LAW — INCLUDING ANY STATUTORY RIGHT OF WITHDRAWAL UNDER SECTION 27 — OR WHERE THIS SECTION 5.1 PROVIDES FOR ONE.
The provision of Virtual Items for use in Amped Labs UG (haftungsbeschränkt) games is a service provided by Amped Labs UG (haftungsbeschränkt) that commences immediately upon acceptance by Amped Labs UG (haftungsbeschränkt) of your purchase.
5.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Amped Labs UG (haftungsbeschränkt) may revise the pricing for the goods and services offered through the Service, subject to Section 3.8.EXCEPT WHERE REQUIRED BY APPLICABLE LAW OR EXPRESSLY PROVIDED IN THIS AGREEMENT, AMPED LABS UG (haftungsbeschränkt) IS NOT REQUIRED TO PROVIDE A REFUND, AND YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED. WHERE WE CLOSE YOUR ACCOUNT OTHER THAN FOR YOUR BREACH OF THIS AGREEMENT, WE WILL REFUND THE VALUE OF UNUSED VIRTUAL ITEMS YOU HAVE PAID FOR.
- Scope of Permitted Use.
(a) Definitions. “Personal Use” means use by an individual for their own private, non-commercial purposes. “Organisational Use” means any use by, on behalf of, or for the benefit of a company, institution, public body, association, or other entity, whether or not that use generates revenue. “Commercial Use” means any use intended to generate revenue or to promote goods, services, or a brand, including marketing activations, city tours, employee onboarding, team-building, event gamification, and client work.(b) Rights by plan. Basics and Pro plans permit Personal Use only. Organisational Use and Commercial Use are not permitted under Basics or Pro.
(c) Agency / Enterprise plan. An active Scenery-Agency subscription (also referred to as the Enterprise plan; the two names denote the same plan) permits Organisational Use and Commercial Use by the subscribing entity, subject to the restrictions in this Agreement.
(d) Educational and institutional licences. Universities, colleges, schools, and comparable institutions may be granted Organisational Use rights for educational purposes under a bulk or site licence, including for use of Scavengar EDU. Such rights apply only where we have granted them in writing, are limited to the institution, users, and purposes stated in that grant, and do not extend to Commercial Use unless we state otherwise in writing.
Where an institutional licence covers participants under 18, the institution is responsible for: (i) obtaining any parental or guardian consent required by applicable law; (ii) supervising participants during use of the Services, including compliance with Section 19; and (iii) concluding any data processing agreement required under Article 28 GDPR or equivalent law before participants use the Services.
Requests may be sent to hello@scavengar.world.(e) Use outside the scope permitted by your plan is a breach of this Agreement and may result in suspension or termination under Section 4.2.
- Official Rules and Communications.
Your use of our Services is subject to any additional rules we specify from time to time and make available to you, including the Apps Official Contest Rules. Where such rules conflict with this Agreement, this Agreement prevails unless the rules expressly state otherwise and the conflicting provision is more favourable to you.
We may contact you by email or push notification about: (1) any issues relating to your account; (2) updates concerning new and existing features of our Services; (3) safety information; and (4) news regarding us. Marketing communications are sent only where you have given any consent required by applicable law, and you may opt out at any time. The emails and push notification messages that we send you may be generated by automated systems. Service-related and safety-related messages are not marketing and may be sent regardless of your marketing preferences. - Personal Information & Privacy Policy.
When you use our Services, we collect and use information about you as described in our Privacy Policy, which forms part of this Agreement.
You retain all ownership of content you create, upload, or make available through the Services (“Your Content”).
You grant us a non-exclusive, worldwide, royalty-free, transferable, and sub-licensable licence to host, store, reproduce, adapt, publish, and display Your Content, solely to the extent necessary to operate, provide, secure, and improve the Services, and to promote the Services where you have separately agreed to such promotional use. This licence lasts for as long as Your Content is hosted on the Services and terminates when you delete Your Content or your account, except that (i) we may retain copies where required by law, and (ii) the licence continues for content you have shared publicly and that others have copied or saved before deletion, and for backup copies until they are overwritten in the ordinary course.
We do not claim ownership of Your Content.
Where our processing of your personal data requires a legal basis under the GDPR, the applicable bases are set out in our Privacy Policy. This Section does not replace or limit your rights under data protection law. - Promotions.
We may — at our sole discretion — make promotions with different features available to our current and prospective users. Unless we offer the promotion directly to you, the promotions that we offer to other users have no bearing on your Agreement or relationship with us. We may withhold or deduct credits/benefits that you obtained from us through a promotion if we reasonably determine that you received the credit/benefit through error, fraudulent conduct, illegal conduct, in violation of the applicable promotion terms, or in violation of this Agreement. We will notify you before doing so and give you an opportunity to respond, except where immediate action is necessary to prevent ongoing abuse. - Referral Program.
From time to time, we may offer monetary or nonmonetary incentives to our users for referring our Services to other prospective users. We may set or change the incentive type, amount, terms, restrictions, and qualification requirements at any time, with effect for future referrals only. Referral incentives already earned under the terms in force at the time of the referral are unaffected. Users may only transfer out a cash balance that is greater than or equal to $10. Your participation in these referral programs is subject to this Agreement and any additional rules/policies we create for that referral program. - Termination by Us.
We may terminate this Agreement or stop offering the Services to you, in whole or in part, on 30 days' notice.
We may terminate or suspend immediately where you have materially breached this Agreement, where required by law, or where necessary to protect the safety of users or third parties, in accordance with Section 4.2.
If you have a paid subscription and we terminate other than for your material breach, we will refund the unused portion of any prepaid fees on a pro-rata basis.
The following Sections survive termination: 5 (in respect of amounts owed), 8, 14, 17, 18, 19, 20, 21, 22, 23, 25, and 26. - Restricted Activities.
When using our Services, you agree that you will not engage in the following conduct or other similar conduct:
a. Violate any law, statute, rule, permit, ordinance, or regulation; b. Stalk, threaten, or otherwise harass any person; c. Interfere or otherwise disrupt our Services; d. Use our Services in any manner that infringes on another party's rights including copyright, patent, trademark, trade secret, other proprietary rights, publicity rights, or privacy rights; e. “Frame” or “mirror” any part of our Services without our prior written consent; f. Use meta tags, codes, or other devices containing any reference to us or our Services for the purposes of directing another person to any other website or services; g. Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, except to the extent that applicable law expressly permits you to do so notwithstanding this restriction, including for interoperability purposes under § 69e UrhG and Article 6 of Directive 2009/24/EC; h. Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or cause another person to engage in the restricted activities above; i. Place, anchor, or geolocate content at a location where doing so is unlawful, requires a permission you do not have, or could reasonably be expected to draw users into danger — including roads, railways, waterways, cliffs, construction sites, private property without permission, and restricted or hazardous areas; or j. Use our Services in violation of Section 19. - Personal Use.
Unless your plan or a written licence from us permits otherwise under Section 6, we provide our Services for Personal Use only. You may not use our Services for Organisational Use or Commercial Use except as expressly permitted under Section 6. - Intellectual Property.
We own all the intellectual property rights in our Services. Among other things, these rights include database rights, copyright, design rights, trademarks, and other similar rights wherever they may exist in the world. Nothing in this Agreement transfers ownership of Your Content to us; Your Content is governed by Section 8.
If you send us questions, comments, suggestions, feedback, or other ideas about the Services (“Submissions”), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sub-licensable licence to use, reproduce, modify, and otherwise exploit the Submission for any purpose, without acknowledgment or compensation to you. You are not obliged to make Submissions. Submissions are not treated as confidential. This Section does not apply to Your Content, and does not transfer ownership of any Submission to us. - Warranties and Service Availability.
We provide the Services with reasonable care and skill.
We aim to keep the Services available but do not warrant that they will be uninterrupted, error-free, or free of defects, or that they will meet your particular requirements. We may carry out maintenance, updates, and changes to the Services.
To the extent permitted by applicable law, and subject to Sections 18(a) and 18(b), we exclude all implied warranties, including implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
If you are a Consumer, your statutory rights in respect of digital content and digital services — including your rights under §§ 327 et seq. BGB and any equivalent rights under the law of your country of residence — are unaffected by this Section and by Section 18. - Apple App Store.
This section only applies to you if you acquired our Services using the Apple App Store. Please note that this Agreement is entered into between you and us. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to our Services. We — not Apple — are solely responsible for our Services and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement will control, except where Apple's terms are more favourable to you. - Indemnification.
a) Definitions
“Loss” means any amount we are legally required to pay, including a judgment, an award, a settlement approved by us, a fine or penalty, and reasonable costs of defending a claim (including fees for legal counsel, expert witnesses, and other advisors).
“Third-Party Claim” means any claim, demand, action, or proceeding brought against us by a person or entity other than you or us.
“Affiliate” means any entity that controls, is controlled by, or is under common control with a party, where “control” means direct or indirect ownership of more than 50% of voting rights or equivalent decision-making power.
“Business User” means a user who uses the Services in the course of their trade, business, craft, or profession (§ 14 BGB). “Consumer” means a user who uses the Services for purposes predominantly outside their trade, business, craft, or profession (§ 13 BGB).
b) Indemnification by Business Users
If you are a Business User, you will indemnify and hold us harmless against any Loss we incur as a result of a Third-Party Claim to the extent that the claim arises from:
(1) your breach of this Agreement; (2) content, data, or materials you upload, create, publish, or make available through the Services, including any claim that such content infringes third-party intellectual property, personality, or privacy rights; (3) your use of the Services in violation of applicable law or third-party rights; (4) the placement, anchoring, or geolocation of AR content you create, including any claim arising from injury or property damage occurring at or near the location where that content is placed; (5) your use of the Services in violation of Section 19 (Safe Use of the Services); or (6) your negligence or willful misconduct.
This obligation does not apply to the extent the Loss arises from our breach of this Agreement, our negligence, or our willful misconduct.
c) Indemnification by Consumers
If you are a Consumer, you are liable to us under the applicable statutory provisions for damage you cause by breaching this Agreement. Nothing in this Section imposes any obligation on you beyond your statutory liability, and Sections 17(b) and 17(d) do not apply to you.
d) Procedure (Business Users only)
We will notify you in writing without undue delay after we become aware of a Third-Party Claim for which we intend to seek indemnification. A delay in notice relieves you of your obligations only to the extent the delay actually prejudices your ability to defend the claim.
You may assume control of the defence by notifying us in writing within 14 days of our notice, provided that you use legal counsel reasonably acceptable to us and acknowledge in writing your indemnification obligation for the claim.
We may decline your assumption of the defence, and instead defend the claim ourselves at your cost, if the claim: (i) seeks injunctive or other non-monetary relief against us; (ii) involves criminal allegations; or (iii) involves our intellectual property or confidential information.
Whether or not you control the defence, you may not settle any claim without our prior written consent if the settlement would impose any obligation on us, admit fault on our behalf, or fail to fully release us. We will not unreasonably withhold that consent.
If you control the defence, we may participate with our own counsel at our own expense. If we control the defence, you will reimburse our reasonable defence costs as they are incurred.
Both parties will cooperate in good faith in the defence of any claim.
e) Mitigation
We will take reasonable steps to mitigate any Loss. You are not liable for any portion of a Loss that reasonable mitigation would have avoided. - Limitation of Liability.
a) Liability that cannot be limited
Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence, or for intent or gross negligence.
Nothing in this Agreement excludes or limits any other liability that cannot be excluded or limited under applicable law, including liability under the German Product Liability Act (Produkthaftungsgesetz) and liability for the absence of a characteristic we expressly guaranteed.
This applies to Consumers and Business Users alike.
b) Liability for essential contractual duties
Where we breach an essential contractual duty through slight negligence — meaning a duty whose fulfilment is necessary for the proper performance of this Agreement and on whose fulfilment you may routinely rely — our liability is limited to damages that were foreseeable and typical for this type of contract at the time this Agreement was concluded.
c) Exclusion of other liability
Subject to Sections 18(a) and 18(b), we are not liable for slight negligence.
d) Exclusion of indirect damages
Subject to Sections 18(a) and 18(b), we are not liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, or loss of goodwill, however arising — whether in contract, tort, statutory duty, or otherwise.
For clarity, and subject to Sections 18(a) and 18(b), this exclusion covers damages arising from deletion, corruption, or loss of data; loss of programs; failure to store or transmit content through the Services; service interruptions; inaccuracy of positioning, mapping, or geolocation data; and the cost of procuring substitute services.
e) Data backup
We are not liable for loss of data to the extent the loss would have been avoided by regular backups appropriate to the type and importance of the data. You are responsible for maintaining such backups of content you create using the Services.
f) Liability cap
Subject to Sections 18(a) and 18(b), our total aggregate liability arising out of or in connection with this Agreement is limited to:
(1) EUR 10,000, if you are a Consumer; or (2) EUR 25,000, if you are a Business User.
This limitation does not apply to bespoke development, professional services, or other work performed under a separate written agreement. Liability arising from such work is governed by the agreement under which it is performed.
Where the Services are provided to you free of charge, you acknowledge that this limitation reflects the fact that we receive no payment from you.
g) Exclusions from the cap
The cap in Section 18(f) does not apply to a Business User's indemnification obligations under Section 17(b), or to either party's breach of confidentiality obligations.
h) Relationship to indemnification
The limitations in this Section 18 do not limit a Business User's indemnification obligations under Section 17(b).
i) Time limit for claims (Business Users only)
If you are a Business User, and except for claims covered by Section 18(a), you may not bring a claim arising out of or in connection with this Agreement more than twelve (12) months after you became aware, or should reasonably have become aware, of the facts giving rise to the claim. If you are a Consumer, the statutory limitation periods apply.
j) Personal liability
The limitations and exclusions in this Section 18 also apply in favour of our Affiliates and our and their respective legal representatives, officers, directors, employees, agents, and subcontractors, to the extent they are personally liable to you.
k) Consumer rights
If you are a Consumer, your mandatory statutory rights are unaffected by this Agreement. Any provision of this Agreement that would restrict those rights does not apply to you. - Safe Use of the Services.
a) Nature of the Services
The Services display digital content overlaid on a live view of your physical surroundings. Using the Services requires you to hold, wear, or look at a device while moving through real environments. This creates risks that do not exist when using conventional software.
b) Your responsibility for your surroundings
You are responsible for your own safety and for the safety of others while using the Services. In particular, you must:
(1) remain aware of your physical surroundings at all times; (2) not use the Services while driving, cycling, operating machinery, or engaging in any activity requiring your full attention; (3) not use the Services while walking on or near roads, railways, waterways, cliffs, stairs, construction sites, or any other hazardous location; (4) stop and stand still in a safe location before interacting with content on your screen; (5) comply with all applicable laws, traffic regulations, and property rights, including obtaining permission before entering private property; (6) not use the Services in restricted, dangerous, or prohibited areas; (7) take breaks if you experience dizziness, nausea, disorientation, eye strain, or discomfort; and (8) supervise any minor using the Services for whom you are responsible.
c) Limits of the Services
The Services rely on device sensors, camera input, and positioning data that may be inaccurate, delayed, or unavailable. Digital content may appear to be located at a position that does not correspond to physical reality. The Services do not detect hazards, obstacles, traffic, or other dangers in your environment, and are not designed or intended to do so. You must not rely on the Services for navigation or for any safety-critical purpose.
d) Content placed by others
Content available through the Services may have been created and placed by other users. We do not select, verify, or control where such content is placed. The presence of content at a location does not indicate that the location is safe, publicly accessible, or lawful to enter. If you encounter content placed in a hazardous or unlawful location, please report it to hello@scavengar.world.
e) Health conditions
Do not use the Services if you have a condition that may be aggravated by flashing lights, moving images, or immersive visual content, including photosensitive epilepsy, unless you have consulted a doctor.
f) Acknowledgement
By using the Services you confirm that you have read and understood this Section, that you accept the risks described in it, and that you will exercise the care that the circumstances require. This Section does not limit our liability under Section 18(a). - Dispute Resolution.
a) Consumers
If you are a Consumer, nothing in this Agreement requires you to arbitrate, and nothing in this Agreement limits your right to bring proceedings in the courts available to you under applicable law, including the courts of your country of residence.
The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
b) Business Users
If you are a Business User, you and we agree to resolve all claims arising out of or relating to this Agreement or its subject matter by binding, final arbitration on an individual basis. You expressly waive your right to bring such claims in court and your right to participate in any class action or similar collective or representative proceeding.
Arbitration will be conducted under the Arbitration Rules of the German Arbitration Institute (Deutsche Institution für Schiedsgerichtsbarkeit e.V., “DIS”), by one arbitrator, seated in Berlin, Germany, in the English language.
Either party may bring a claim in the ordinary courts where the amount in dispute does not exceed EUR 25,000.
Either party may seek interim or injunctive relief from a court where necessary to prevent irreparable harm.
c) Governing law
German law governs this Agreement and all matters arising out of it, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
If you are a Consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of the country in which you have your habitual residence.
d) Venue
If you are a Business User and the arbitration agreement in Section 20(b) is held unenforceable, or for claims falling outside it, the exclusive place of jurisdiction is Berlin, Germany.
If you are a Consumer, the ordinary statutory rules on jurisdiction apply. - Breach.
If you breach this Agreement, we may pursue any remedy available to us under applicable law, including recovery of damages and, where recoverable under applicable law, costs and reasonable legal fees. - Severability.
If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid or unenforceable provision is replaced by the applicable statutory provision. - Assignment.
We may assign this Agreement, in whole or in part, to any person or entity, provided that the assignment does not reduce your rights under this Agreement. If you are a Consumer and we assign this Agreement, you may terminate this Agreement within one month of being notified of the assignment. You may not assign this Agreement to another person or entity without our prior written consent. - Provider Information (Impressum).
Amped Labs UG (haftungsbeschränkt)
Brusendorfer Str. 4
12055 Berlin
Germany
Telephone: +49 176 43247044
Email: hello@scavengar.world
Register court: Amtsgericht Charlottenburg
Commercial register number: HRB 204915 B
Managing Director (Geschäftsführer): Marc Wicht
VAT identification number pursuant to § 27a UStG: DE323358528
Tax number: 29/207/30470
Responsible for content pursuant to § 18(2) MStV: Marc Wicht, address as above.
The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board. - Language.
This Agreement is provided in English. Where we provide a translation, the English version prevails, except where mandatory law in your country of residence requires otherwise. - Entire Agreement.
This Agreement, together with our Privacy Policy and any additional rules referenced in Section 7, constitutes the entire agreement between you and us relating to the subject matter of this Agreement, and supersedes any prior oral or written agreements on the same subject matter. This does not limit any liability for fraudulent misrepresentation or affect your mandatory statutory rights. - Right of Withdrawal (Consumers).
This Section applies only if you are a Consumer resident in the European Union or European Economic Area.
a) Where you purchased
How you exercise your withdrawal right depends on where you made the purchase.
Purchases through the Apple App Store. If you purchased a subscription or in-app item through the Apple App Store, Apple is the seller of record for that transaction. Your withdrawal request and any refund must be directed to Apple, not to us. You can request a refund at https://reportaproblem.apple.com or through your Apple account settings. We cannot process refunds for App Store purchases and have no access to those transactions. If Apple declines a request that you believe is covered by your statutory withdrawal right, contact us at hello@scavengar.world and we will assist you in taking it up with Apple.
Purchases made directly from us. If you purchased a subscription directly from us through our website, the following applies.
b) Right of withdrawal
You have the right to withdraw from the contract within 14 days without giving any reason.
The withdrawal period expires 14 days from the day the contract was concluded.
To exercise the right of withdrawal, you must inform us — Amped Labs UG (haftungsbeschränkt), Brusendorfer Str. 4, 12055 Berlin, Germany, email hello@scavengar.world, telephone +49 176 43247044 — of your decision to withdraw by an unequivocal statement (for example, a letter sent by post or an email). You may use the model withdrawal form below, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
c) Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments received from you without undue delay and no later than 14 days from the day on which we are informed of your decision to withdraw. We will carry out the reimbursement using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise; you will not incur any fees as a result of the reimbursement.
d) Early expiry of the right of withdrawal
If you have asked us to begin providing the Services during the withdrawal period, you must pay us an amount proportionate to what has been provided up to the point at which you inform us of your withdrawal, compared with the full scope of the contract.
In the case of digital content not supplied on a tangible medium, your right of withdrawal expires if you have expressly consented to us beginning performance before the end of the withdrawal period and have acknowledged that you thereby lose your right of withdrawal, and we have provided you with confirmation of that agreement.
e) Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To: Amped Labs UG (haftungsbeschränkt), Brusendorfer Str. 4, 12055 Berlin, Germany, hello@scavengar.world
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service:
Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
f) Money-back guarantee
The 30-day money-back guarantee described in Section 4.1(b) applies in addition to your statutory right of withdrawal and does not limit it. It applies only to purchases made directly from us.