Last updated on 23 January 2025
Welcome, and thank you for your interest!
Before you download, install, or use the AR Translator, please read the terms and conditions of this Agreement.
Introduction
These Terms and Conditions and End User License Agreement (the Agreement or Terms), together with all documents referred to herein, constitute a legally binding agreement made between you, as a user of our apps (you, your, or user), and BrainMount Ltd, a company incorporated under the laws of Cyprus with a registered address Vasili Michailidi 9, 3026, Limassol, Cyprus (BrainMount, we, us, or our), concerning your access to and use of the AR Translator software application for mobile devices (the App).
The App is to be used on devices that operate with Apple’s operating systems.
You acknowledge that these Terms are between you and us and not with Apple’s software distribution platform (the App Store). You agree to comply with all applicable policies of the App Store. In the event of a conflict between these Terms and the policies of the App Store, the policies of the App Store shall take priority.
All documents that relate to the App are hereby expressly incorporated by reference.
Our contact details:
Name: BrainMount Ltd
Address: Vasili Michailidi 9, 3026, Limassol, Cyprus
E-mail: [email protected]
By downloading, installing, and using our App, you agree to be bound by the terms and conditions described in this Agreement and acknowledge that you have read, understood, agreed to, and accepted all of the terms and conditions described in the Agreement. If any term of the Agreement is not clear to you, or you do not agree with or accept it, you may not download, install, or use the App.
It is very important to us that all terms of the Agreement are clear to you, so if you have any questions about these Terms, please contact us at the e-mail address listed under Our contact details.
This Agreement contains essential information about the following:
We reserve the right to change, modify, add, or delete clauses in this Agreement at any time, in accordance with the procedures described in Section 11 below.
1.1. License Granting. Once you download, install, and/or buy the Subscription under this Agreement, we (or our licensors, where applicable) grant you a personal, non-commercial, non-sublicensable, non-transferable, non-exclusive, worldwide, freely revocable license to download, install, and use the App on any devices that you own or control (the License) until you or we terminate this Agreement. In no event shall you use the App or this License for commercial purposes or allow others to do so without obtaining permission from us. THIS APP IS NOT FOR SALE, BUT IS LICENSED TO YOU FOR YOUR USE.
We retain all rights, title, and interest in and to the App, reserving any rights not expressly granted to you in these Terms.
1.2. Prohibited Use. Among other things, you agree not to do any of the following (directly or indirectly):
2.1. App Ownership. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO PROPERTY RIGHTS OR ANY OTHER PROPRIETARY RIGHTS TO THE APP; YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND WILL ALWAYS BE VESTED IN BRAINMOUNT IN FURTHERANCE OF ITS INTERESTS. Except for the rights expressly licensed to you hereunder, any and all copyrights, trademarks, and intellectual property rights related to the App, as well as to all and any copyrighted materials (including, without limitation, any corrections, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, plot, dialogues, characteristic phrases, places, concepts, artwork, images, animation, sounds, musical compositions, audiovisual effects, text, modes of action, moral rights, and any applications included in the App and any related documentation), belong to BrainMount (or its licensors, where applicable).
2.2. You may not give, purchase, sell, trade, exchange, market, offer for sale, license, assign, or otherwise transfer your rights, responsibilities, or obligations under this Agreement, whether in whole or in part, without the prior written consent of BrainMount. Any attempt to do so shall be null and void.
2.3. Trademark Ownership. All trademarks, service marks, domain names, acronyms, logos, graphics, and other elements visible on the App are the exclusive property of BrainMount or its partners, who have granted BrainMount the right to use them within the App. You cannot use BrainMount’s trademarks, service marks, domain names, acronyms, logos, graphics, or other elements visible in the App without our prior written permission.
The App is protected by international copyright agreements and treaties, as well as other legislation. All rights reserved. The App contains materials used under license. BrainMount (and its licensors, where applicable) may enforce their rights in the event of any breach of this Agreement.
2.4. No Other Rights. The App may contain certain licensed materials, in which case BrainMount’s licensors have the right to enforce their rights if this Agreement is violated. Reproduction or presentation of these licensed materials in any manner for any reason is prohibited without prior permission from BrainMount and, in some cases, BrainMount’s licensors and representatives. Except as expressly set forth in this Agreement, all rights not expressly granted to you herein are reserved by BrainMount.
3.1. The App is not directed to persons under eighteen (18) years of age. To become a user, you must be at least eighteen (18) years of age and not be barred from using the App under applicable law. By agreeing to this Agreement during the sign-up process, you represent and certify that you are legally able to enter into any and all agreements with BrainMount and its partners, vendors, agents, and service providers. If you are younger than eighteen (18) years of age, you may only download and use the App if your parent(s) or legal guardian(s) have reviewed these Terms and allowed you to download and use the App subject to these Terms. We may require adequate proof of your identity and age and consent from your parent(s) or legal guardian(s) at any time.
3.2. You are solely responsible for ensuring that your use of the App is in compliance with all applicable local, state, national, and international laws and regulations. If local law prohibits or restricts your use of the App, you must comply with those legal restrictions or, if applicable, stop using the App.
4.1. User Content. The App allows you to submit, upload, or generate content (the User Content). If you submit User Content, you agree to abide by this Agreement at all times during and after the submission, generation, or uploading of such User Content.
4.2. License. User Content is owned by you or whoever created it, but by providing User Content, you hereby grant BrainMount a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable license, for commercial and non-commercial purposes, to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services, without compensation to you. If any of these rights cannot be licensed under applicable law (such as moral rights and other personal rights), you hereby waive any such rights.
4.3. Restrictions. When uploading your User Content, you shall not:
4.4. Review. We reserve the right to review all User Content submitted to the App and to remove any User Content for any reason, at any time, without prior notice, at our sole discretion.
4.5. Release. Notwithstanding anything above, you agree that we do not verify your User Content when you upload or generate it. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable.
4.6. Deletion. You may notify BrainMount that you wish to terminate the license and remove your User Content from the App, and BrainMount agrees to consider such a request. For the avoidance of doubt, BrainMount will make reasonable efforts to remove or block such User Content. We are not obligated to back up any User Content, and it may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
5.1. Subscription. The App is provided on a free basis. Once you download the App, you will have access to its basic features. To access additional features, you will need a subscription (the Subscription). Once you buy the Subscription, you are granted the License under Section 1 of these Terms. The Subscription fee is indicated in the App.
5.2. Free Trial Period. We reserve the right to offer you a free trial period for additional features. If you do not cancel the Subscription at least 24 hours before the end of the trial period, or 24 hours before the next scheduled payment (if applicable), you will be automatically charged for the Subscription. Please note that if a trial period is offered, it will be explicitly stated on the fee screen before checkout. If it is not stated, you will purchase our Subscription without a trial period.
5.3. Payment Processing. All financial transactions made in connection with the Subscription are handled solely by the App Store in accordance with its terms of use, privacy policy, and/or any applicable payment terms of use. We encourage you to learn about the practices of the App Store. Under no circumstances will we be responsible for the actions or inactions of the App Store. If you have any payment-related issues regarding the Subscription, you need to contact the App Store directly.
5.4. Auto-renewal. The Subscription renews automatically at the end of each period (monthly, yearly, or otherwise, depending on the option you selected at the time of purchase) until you cancel it at least 24 hours before the end of the Subscription period. If you want to cancel the Subscription, use the instructions provided in clause 5.6 of this Agreement.
5.5. Method of Payment. Payment for the Subscription will be processed using the payment method selected by you at the time of purchase confirmation (e.g., Face ID, password entry, or other methods offered by Apple). By choosing a specific payment method, you confirm that we are authorized to charge the Subscription fee to the selected payment method.
5.6. Cancellation of Subscription. Until you cancel the Subscription, it will be automatically renewed. Please note that deleting the App from your phone does not automatically cancel the Subscription. If you want to cancel the Subscription, you should cancel it in the settings of your Apple ID account at least 24 hours before the end of the paid Subscription period. Canceling the Subscription means that at the end of the paid period, you will no longer have access to the additional features of the App and will only have access to the basic free features. For more details on canceling a Subscription, visit the Apple support page via the link.
5.7. Refund. The Subscription fee refund is processed through Apple support. To request a refund, follow the instructions on the Apple support page via the link. Please note that refunds are not guaranteed and are solely at the discretion of Apple, as Apple handles payment processing. BrainMount does not process refunds of Subscription fees.
5.8. Subscription Plan Changes. You have the right to change your Subscription plan at any time on the Apple support page via the link. This includes the ability to switch to another available plan or cancel your current Subscription. Changes take effect immediately upon implementation.
5.9. Changes to Subscription Fees. To the maximum extent permitted by applicable laws, we may change the Subscription fees at any time. We will notify you of any such pricing changes by posting the new fees in and/or through the App and/or by sending you an email notification, or by other prominent means. If you do not wish to pay the new Subscription fees, you can cancel the applicable Subscription before the change takes effect by following the rules set out in the Agreement.
6.1. No Warranties. We provide the App “as is” and “as available” and explicitly disclaim any warranties or conditions. We do not guarantee that the App will meet your requirements or be uninterrupted, timely, secure, or error-free.
6.2. Content Accuracy. We do not warrant or guarantee the accuracy, completeness, reliability, or timeliness of any content available through our App. Any reliance you place on such content is at your own risk.
6.3. Third-Party Content and Services. We do not endorse, warrant, or assume responsibility for any third-party content or services provided through our App. Any access or use of third-party content or services is at your own discretion and risk.
7.1. By sending your feedback and suggestions (Feedback) to BrainMount, you grant BrainMount a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit any Feedback provided to us without restriction or compensation to you. If any of these rights cannot be licensed under applicable law (such as moral or other personal rights), you hereby waive such rights. You understand and agree that BrainMount is not obligated to implement any Feedback provided by you. You agree that if BrainMount uses your Feedback, we are not obligated to include you in any list of acknowledgments or pay any compensation for your contribution. You represent and warrant that you have sufficient rights to any material included in the Feedback you send to BrainMount to grant us and other interested parties the rights described above. This includes, but is not limited to, intellectual property rights and other proprietary or personal rights.
8.1. Limitations. You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages incurred by you, including, but not limited to: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect the App; (vii) loss of goodwill; (viii) wasted management or office time; and (ix) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing limitations on our liability shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
8.2. Force Majeure. In no event will we be liable or responsible for any failure or delay when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, a national or regional emergency, internet connection degradation, strikes, labor stoppages or slowdowns, or other industrial disturbances, the passage of a law or any action taken by a governmental or public authority (including imposing an embargo, export or import restriction, quota, or other restriction or prohibition or any complete or partial government shutdown), or a national or regional shortage of adequate power or telecommunications (including the deterioration of the internet connection) or transportation.
8.3. Cap on Liability. To the extent permitted by applicable law, in no event shall BrainMount’s aggregate liability arising out of or in connection with these Terms, the use of, or inability to use, the App or its content exceed one thousand (1,000) euros. The above exclusions and limitations of liability are essential elements of the principles on which the agreement between you and BrainMount is based.
8.4. Submitted Content. We are not liable for any content that users submit to the App. We are not liable for the accuracy of the information provided or how it was obtained. The use of the App and any information obtained in accordance with this Agreement is the responsibility of the user. We are not liable for any claims or damages arising from the information submitted by you or other users, including any court or state investigations and proceedings.
8.5. To the fullest extent permitted by applicable law, BrainMount makes no warranties, expressed or implied, concerning the accuracy, completeness, or suitability of the information and data provided through the App. BrainMount is not responsible for the misuse or misrepresentation of the information and/or data provided through the App, and any reliance you place on such information and/or data is therefore strictly at your own risk.
9.1. Indemnification Obligation. You agree to indemnify, defend, and hold harmless BrainMount, our affiliates, and our respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way related to (i) your use of the App, (ii) your User Content, (iii) your breach or alleged breach of this Agreement or our Privacy Policy, (iv) your violation of any law, regulation, or third-party right, or (v) any dispute between you and any third party.
9.2. Defense. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9.3. Notification. We will promptly notify you of any claim or demand for which you are required to indemnify us. However, our failure to notify you shall not relieve you of your indemnification obligations, except to the extent that our failure to notify you causes material prejudice to your ability to defend the claim.
10.1. You undertake to keep confidential any source files and Confidential Information received from us. Confidential Information means commercially valuable information that shall be kept confidential by you and shall not be disclosed or made available to the public in accordance with these Terms. Confidential Information includes all information disclosed by BrainMount to you, whether disclosed orally or in writing and, without limiting the generality of the foregoing, may include information relating to the party’s technologies, research, products, software, services, development, creative projects, inventions, industrial patterns, drawings, design documentation, marketing, or finances of any of the parties.
10.2. You shall take all measures that are not inconsistent with the law to protect the Confidential Information from unauthorized access, disclosure to any third parties, illegal copying, reproduction, publication, dissemination, or any other misuse or disclosure, except where such information is disclosed pursuant to legal requirements or by mutual agreement between you and BrainMount.
10.3. Limitation of liability. Your obligations under clauses 10.1 and 10.2 of these Terms shall not apply to Confidential Information to the extent that:
You may disclose Confidential Information if it is required to be disclosed by law, by a competent court, or by a government body. You shall provide BrainMount with a reasonable opportunity to review the disclosure and to lodge its own objection to the disclosure of the relevant Confidential Information.
10.4. You agree to keep our Confidential Information separate from your own documents in a safe and secure place. You shall use all commercially reasonable efforts to protect the Confidential Information from any harm, tampering, unauthorized access, sabotage, exploitation, manipulation, modification, interference, misuse, misappropriation, copying, or disclosure.
10.5. You are also responsible for any violation of confidentiality by any individuals or entities with whom you have had legal relations, even if those relations have been terminated, to whom you disclosed our Confidential Information.
11.1. Modification of the Agreement. We reserve the right to revise, update, modify, add, supplement, or delete certain terms of this Agreement for enhanced security, protection, legal, or regulatory reasons. Such changes may take effect with or, depending on the circumstances, without your prior notice.
You are therefore required to regularly monitor changes to the Terms and to fully comply with them. If any future changes to this Agreement are unacceptable to you or make it impossible for you to comply with this Agreement, you may terminate it in accordance with Section 12. Any use of the App by you after the Terms have been modified or amended shall constitute your acceptance of the amended Terms.
11.2. Modification of the App. BrainMount may, at any time and at its discretion, modify the App for any reason or for no particular reason, for example, for technical reasons such as updating, maintenance, and/or rebooting to improve and/or optimize the App. You agree that the App may automatically install or download modifications. You agree that BrainMount may stop supporting previous versions of the App when an updated version is available. BrainMount’s partners and related service providers have no obligation to provide customer service or support in relation to the App.
12.1. Term. This Agreement is valid from the earliest date of purchase, download, or use of the App and will remain in full force and effect until terminated as specified below.
12.2. Termination by You. You may terminate the Agreement at any time, automatically and extrajudicially, by deleting the App from your device. You understand that any termination may involve the deletion of your User Content. We will not have any liability whatsoever to you for any termination of the Agreement, including the deletion of your User Content. Only if we continue to operate the App may you download the App again, but any previously uploaded User Content cannot be restored.
12.3. Termination by Us. We may immediately terminate the Agreement or prevent you from using the App at any time, automatically and extrajudicially, in the following cases:
12.4. Effect of Termination. Upon the termination of the Agreement, you shall stop using the App. Termination of the Agreement for any reason does not obligate us to refund any fees. Any content or other data associated with the App may be deleted.
12.5. Survival. The provisions of these Terms that, by their nature, should survive termination shall survive termination, including, but not limited to, the Sections on Ownership Rights, License Conditions, Disclaimer of Warranty, Limitation of Liability, Indemnification by You, and Applicable Law and Dispute Resolution.
12.6. Suspension of the App. We reserve the right to suspend, modify, or discontinue any or all functionality of the App at any time without liability. We may provide notice of such suspension, modification, or discontinuation of the App by any available means.
13.1. Use of the App is also governed by our Privacy Policy, a copy of which is located via this link. By using the App, you confirm that you have read and acknowledge the terms of the Privacy Policy.
14.1. Applicable Law. Any issue not agreed upon in this Agreement will be governed by the law of the Republic of Cyprus.
14.2. Dispute Resolution. The parties will endeavor to resolve all disputes, controversies, and claims that may arise in connection with the execution, termination, or invalidation of this Agreement by negotiations. The party that has any claims and/or disagreements shall send a message to the other party indicating the claims and/or disagreements that have arisen. If a disagreement or claim is not resolved by negotiations, such a dispute shall be resolved in the competent courts of the Republic of Cyprus.
15.1. Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
15.2. Entire Agreement. This Agreement is the final, complete, and exclusive agreement between you and us with respect to the subject matter hereof and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matter (including any prior Agreement).
15.3. No Waiver of Rights. BrainMount’s failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. Any waiver by BrainMount of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
15.4. Titles and Interpretation. The clause titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”
15.5. Translation. Any translation from the English version is provided for your convenience only. In the event of any difference in meaning or interpretation between the English language version of these Terms and any translation, the English language version shall prevail. The original English text shall be the sole legally binding version.
15.6. Headings. The headings and parentheticals in these Terms are provided for informational and convenience purposes only. They have no legal effect whatsoever.
15.7. Assignment. This Agreement and your rights and obligations herein may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign this Agreement without your consent, but will provide prior notice to you. The terms of this Agreement shall be binding upon any assignees.