Terms of use

Laser Limbo

freeroam.ar UG, Berthelsdorfer Str. 6, 12043 Berlin, Germany, registered with the local court of Charlottenburg under HRB 251822 B ("FAR") develops and operates the co-located AR multiplayer game "Laser Limbo". These Terms of Use ("ToU") govern all access to and use of Laser Limbo, the Operator App and the FAR account.

Questions and notices: info@freeroam.ar

Structure. Part A applies to everyone. Part B applies in addition to private use. Part C applies in addition to commercial use by Operators. Where Part B or Part C conflicts with Part A, Part B or Part C prevails.

Part A: General

1. Scope

1.1 These ToU apply between FAR and every User, whether the User obtained access directly from FAR, through an app store, or through an authorised sales partner of FAR.

1.2 Terms of the User do not apply, even if FAR performs without objection.

2. Definitions

Account means the User account on the systems of FAR.

App Store Version means the version of Laser Limbo distributed through the app store of a headset platform.

Commercial Context has the meaning given in Part B.

Credit means a unit of prepaid play time. One Credit corresponds to one minute of play for one Player.

Credentials means login data, tokens and other means of authentication that give access to Laser Limbo, the Account or the Operator App.

Licence means the right of use granted under these ToU.

Location means the physical premises named in the Operator Licence at which Laser Limbo may be operated.

Operator means any User who uses Laser Limbo in a Commercial Context.

Operator App means the application of FAR used to host sessions and to manage settings, maps and Credits.

Player means a natural person taking part in a session.

Session means one continuous run of Laser Limbo with one or more Players.

Support means customer care and troubleshooting, in particular through a help centre or a community channel of FAR.

Trademarks means the registered and unregistered trademarks, logos, company names and product names of FAR, in particular "Laser Limbo" and "freeroam.ar".

Updates means new versions of Laser Limbo, the Operator App or their components.

3. Account and Access

3.1 Use of the Operator App and of the Credit system requires an Account. The User shall keep the data in the Account complete and current, shall keep the Credentials confidential and shall notify FAR without undue delay of any unauthorised use of the Account.

3.2 FAR grants access to Laser Limbo through the app store of the applicable headset platform or by direct distribution, and grants access to the Operator App by download link. FAR decides on the scope of access for each User.

3.3 The Operator App is available only under an Operator Licence obtained directly from FAR, through the website of FAR or through an authorised sales partner of FAR.

4. Hardware and System Requirements

4.1 Laser Limbo runs on standalone headsets and other hardware of third-party manufacturers. FAR does not supply, warrant, service, clean or maintain that hardware and is not responsible for its condition, availability or compatibility. The User selects, procures, operates, maintains and insures the hardware itself.

4.2 FAR does not warrant that Laser Limbo will run on any particular hardware model or configuration. Any information that FAR makes available on hardware, system requirements or setup is non-binding and may change at any time. The User shall satisfy itself, before use, that its hardware and its premises are suitable, and bears the risk of unsuitability.

5. Ownership and Trademarks

5.1 All rights, title and interest in Laser Limbo, the Operator App, the Trademarks and all parts of them are and remain with FAR. These ToU grant rights of use only and transfer no ownership.

5.2 The User shall not apply to register the Trademarks, any confusingly similar sign or any corresponding domain name, in any jurisdiction, and shall not oppose, challenge or assist a third party in challenging the Trademarks.

5.3 The User may create maps and other configurations using the tools provided. The User retains the rights in such content and grants FAR a non-exclusive, worldwide, royalty-free right to use it for the purpose of providing, supporting and improving Laser Limbo, and, if the User shares it, for making it available to other Users.

5.4 The User shall not create or display content that infringes third-party rights or that is unlawful.

6. General Restrictions

6.1 The User shall not, itself or through third parties:

(a) reverse engineer, decompile or disassemble Laser Limbo or the Operator App, or attempt to discover their source code or algorithms, except to the extent permitted by applicable law;

(b) sell, sublicense, rent, lend, distribute, disclose or otherwise make available Laser Limbo, the Operator App or the Credentials to third parties, or use them for the benefit of third parties;

(c) modify, alter, circumvent or tamper with Laser Limbo or the Operator App, in particular with the counting of Credits, the limitation of Players or any licence or access control;

(d) operate more than the number of Players covered by the Licence, or split one group of Players across several accounts or installations in order to exceed that number;

(e) use Laser Limbo to develop or promote a competing product.

6.2 The User shall inform FAR without undue delay of any actual or suspected infringement of the rights of FAR that comes to its attention and shall support FAR in taking action. FAR decides alone whether and how to act.

6.3 The User indemnifies FAR, its directors, employees and contractors against all claims, damages, costs and expenses arising from a breach of the restrictions set out above.

7. Updates, Support and Defects

7.1 FAR may provide Updates and may make a help centre and a community channel available through which the User can submit requests. The User has no claim to Updates, to upgrades, to Support, to a response within a particular period or to a particular availability of Laser Limbo, the Operator App or the Account. Mandatory rights of the User under applicable law remain unaffected.

7.2 FAR may remedy defects by way of a new release or by modification, provided the scope of the services does not change more than insignificantly. FAR may discontinue individual functions and replace them with functions of equivalent value.

7.3 The User shall support FAR in analysing defects to a reasonable extent, in particular by providing logs, screenshots and system information.

7.4 Strict liability for defects existing at the time the contract is concluded is excluded, unless the defect concerns a feature that is essential for the purpose of the contract. Mandatory rights of consumers under applicable law remain unaffected.

8. Liability

8.1 FAR is liable for damages resulting from an intentional or grossly negligent breach of duty. In the event of simple negligence, FAR is liable only for injury to life, body or health and for the breach of an essential contractual obligation. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the User may regularly rely.

8.2 In the event of a slightly negligent breach of an essential contractual obligation, the liability of FAR is limited to the damage typical of the contract and foreseeable at the time the contract was concluded.

8.3 These limitations apply equally in favour of the legal representatives, employees and agents of FAR. Liability under applicable product liability law remains unaffected.

8.4 The obligations of FAR are suspended for as long as FAR is prevented from performing by an event beyond its control, including natural events, war, government action, epidemic, failure of public communication networks or energy supply, or failure of the services of a platform, hosting or payment provider. FAR shall inform the User where the hindrance is material and lasting.

9. Suspension and Termination

9.1 FAR may suspend access with immediate effect if the User is in material breach of these ToU, in particular in the event of unauthorised commercial use, a breach of the restrictions on use, or a substantiated suspicion of misuse of the Account. FAR shall inform the User of the reason.

9.2 The right of either party to terminate for cause remains unaffected. Cause exists in particular if the other party materially breaches these ToU and does not cure the breach within a reasonable period set in text form, unless the breach cannot be cured.

9.3 On termination the User shall stop all use, uninstall Laser Limbo and the Operator App and delete all copies.

10. Changes to these ToU

10.1 FAR may change these ToU. FAR shall notify the User of the change in text form at least six weeks before it takes effect.

10.2 For a Licence with a fixed term, the change takes effect at the start of the next term. In all other cases the change takes effect on the date stated in the notice. The User may terminate with effect from the date on which the change takes effect. FAR shall point out this right in the notice.

10.3 Changes to the essential elements of an individual agreement require the consent of the User.

11. Final Provisions

11.1 Changes and additions to these ToU require text form, as does the waiver of this requirement. The written form is also satisfied by signature services such as DocuSign.

11.2 The User may not assign rights or obligations under these ToU without the prior consent of FAR in text form.

11.3 The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which a consumer has their habitual residence remain unaffected.

11.4 If the User is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction is Berlin.

11.5 The English version of these ToU governs. Translations are for information only.

11.6 If a provision is or becomes invalid, the validity of the remaining provisions is not affected.

Part B: Private Use

12. Scope of Part B

Part B applies to Users who use Laser Limbo exclusively for private purposes and outside any trade, business or profession.

13. Private Licence

13.1 FAR grants the User a non-exclusive, non-transferable, non-sublicensable right to use the App Store Version for private purposes for the term of the contract.

13.2 The App Store Version does not include the Operator App and does not include the local server function. The number of Players per Session is limited to two.

13.3 The User may not charge Players, take bookings, or make the game available to persons outside their private circle.

13.4 The commercial terms of the App Store Version are governed by the terms of the app store through which the User obtained it.

14. No Commercial Use

14.1 The Private Licence does not permit any use in a Commercial Context. Any use in a Commercial Context requires an Operator Licence under Part C.

14.2 A Commercial Context exists in particular where Laser Limbo is used:

(a) at premises open to the public, to customers or to invited guests;

(b) at an event, activation, exhibition, trade fair or party organised by or for a business;

(c) in return for payment, or as part of a booking, package, ticket or membership, whether or not a separate charge is made for the game;

(d) to promote a business, a venue or a product;

(e) by an employer for employees, customers or guests.

14.3 It makes no difference whether the User obtained Laser Limbo through an app store, through direct distribution or from a third party. Operating several installations of the App Store Version in parallel at one location, or splitting a group of Players across several private accounts, is use in a Commercial Context.

14.4 In the event of use in a Commercial Context without an Operator Licence, FAR may suspend the Account and revoke the Licence with immediate effect. FAR may in addition claim the licence fee that would have been payable for an Operator Licence for the period of unauthorised use, in accordance with the price list at store.freeroam.ar, and the User shall provide the information needed to calculate it. The right of FAR to claim further damages remains unaffected, and the User may show that no damage or a lower damage has occurred.

15. Health and Safety

15.1 Laser Limbo is played by physically moving through a real space. Before play, the User shall satisfy itself that the play area is suitable, sufficiently large and safe, shall clear it of obstacles and shall set the boundary.

15.2 Persons who are pregnant, who are under the influence of alcohol or drugs, who suffer from photosensitive seizures, or who have a heart, balance or other condition that makes physical activity inadvisable should not play. Players should stop immediately if they feel dizziness, nausea, eye strain or discomfort.

Part C: Commercial Use (Operators)

16. Scope of Part C

Part C applies to every Operator. Part B does not apply to Operators.

17. Operator Licence

17.1 FAR grants the Operator a non-exclusive, non-transferable, non-sublicensable right to operate and publicly exhibit Laser Limbo at the Location, for the number of Players covered by the Licence and for the term of the Licence.

17.2 The Operator Licence includes the right to use the Operator App and the local server function for the operation of the Licence at the Location.

17.3 The Licence is bound to the Location. Use at another location, mobile use and use at events outside the Location require the prior consent of FAR in text form.

17.4 The Operator may not sublicense, resell, lend or otherwise pass on the Licence, the Operator App or the Credentials. The Operator may not operate Laser Limbo for a third-party organiser in its own name without the prior consent of FAR in text form.

17.5 The Licence is exclusive only where an individual agreement expressly says so.

18. Licence Models and Term

18.1 The Licence is granted as a flat-rate licence for a fixed period and a fixed number of Players, on the basis of Credits, or as a combination of both. The model, the player tier and the term are those selected by the Operator in the checkout at store.freeroam.ar or agreed individually. The available models and prices are set out in the price list at store.freeroam.ar.

18.2 A flat-rate licence renews automatically for a further period of the same length unless a party terminates it. For a monthly or annual licence the notice period is one month to the end of the current term. For a weekly licence the notice period is seven days to the end of the current term. An individual agreement may provide otherwise.

18.3 FAR may change the prices with effect from the next term. FAR shall notify the Operator at least six weeks before the change takes effect and shall point out that the Operator may terminate with effect from the date on which the change takes effect.

19. Trial

19.1 Where FAR grants a trial, the trial covers software only. It does not include hardware, on-site installation or a guaranteed response time.

19.2 During a trial, Laser Limbo may be used in a Commercial Context only with the prior consent of FAR in text form.

19.3 The trial ends automatically at the end of the trial period and does not convert into a paid Licence unless the Operator orders one.

20. Credits

20.1 One Credit corresponds to one minute of play for one Player. The Operator App counts the Credits consumed.

20.2 Credits are payable in advance and are valid for 24 months from the date of purchase. Credits are not exchangeable for cash and are not transferable between Accounts.

20.3 On termination by FAR for cause, unused Credits lapse. In all other cases unused Credits remain usable until the end of their validity period.

21. Obligations of the Operator

21.1 The Operator shall:

(a) install Updates without undue delay and keep its installation current; the Operator is responsible for the version in operation at the Location;

(b) operate only within the number of Players covered by the Licence;

(d) keep the Credentials confidential and use a separate Account for each Location where FAR so requires;

(e) inform FAR without undue delay of any malfunction that materially affects operation.

21.2 The Operator acts in its own name and for its own account. The Operator shall avoid any impression that it acts on behalf of FAR. Where the Operator describes its relationship with FAR, it shall use a designation agreed with FAR.

22. Safety and Supervision at the Location

22.1 The Operator is responsible for safe operation at the Location. The Operator shall:

(a) provide a play area that is suitable, sufficiently large and safe for the operation of Laser Limbo, satisfy itself of its suitability, keep it free of obstacles, mark real obstacles as colliders and set the boundary correctly;

(b) instruct every Player before the first Session on the use of the headset, on the boundaries of the play area and on conduct during play;

(d) display the health warnings for Players at the Location and make them available before the first Session.

22.2 The Operator shall maintain business liability insurance appropriate to its operation.

22.3 The Operator indemnifies FAR against claims of Players and other third parties arising from the operation at the Location or from the hardware used, unless the claim results from a defect of Laser Limbo for which FAR is responsible.

23. Brand and Marketing

23.1 FAR grants the Operator a non-exclusive, non-transferable right, limited to the term of the Licence and to the Location, to use the Trademarks and the marketing materials provided by FAR in order to advertise its Laser Limbo offering.

23.2 The Operator shall present the offering visibly under the name "Laser Limbo". The Operator may not rename, rebrand or white-label the game. A custom in-game logo of the Operator may be displayed in addition to, and not instead of, the branding of FAR.

23.3 The Operator shall use the Trademarks in accordance with the brand guidelines of FAR, where FAR has made such guidelines available, and shall coordinate general marketing materials that feature FAR or Laser Limbo with FAR before publication.

23.4 The Operator shall refrain from any conduct that is capable of damaging the reputation of FAR or of Laser Limbo. On expiry of the Licence the Operator shall remove the Trademarks from its premises, its website and its materials.

24. Verification

24.1 The Operator App transmits session data, player numbers and Credit consumption to FAR. FAR may use this data to verify compliance with the Licence.

24.2 On request the Operator shall provide the information needed to verify the number of Players, the Locations in operation and the Credits consumed.

24.3 If the verification shows use beyond the scope of the Licence, the Operator shall pay the licence fee applicable to the actual use for the period concerned. The right of FAR to suspend access and to terminate for cause remains unaffected.

25. Fees and Payment

25.1 Fees are set out in the price list at store.freeroam.ar or in the individual agreement. All fees are exclusive of value added tax.

25.2 Fees are payable immediately and in advance, unless otherwise agreed individually.

25.3 The Operator may set off only against claims that are undisputed or have been finally determined by a court.

26. Liability towards Operators

26.1 In addition to the general limitations of liability set out in these ToU, the liability of FAR for slight negligence is limited in total to the fees paid by the Operator under the Licence in the twelve months preceding the event causing the damage.

26.2 FAR is not liable for lost profit, loss of production or loss of goodwill of the Operator caused by slight negligence.

27. Individual Agreements and Authorised Sales Partners

27.1 These ToU apply in addition to any individual licence, distribution or partnership agreement. In the event of a conflict, the individual agreement prevails.

27.2 A Licence may be obtained through a sales partner or distributor only where FAR has authorised that partner in text form. The Operator shall satisfy itself that the partner is authorised, and FAR confirms on request whether a partner is authorised. A partner is not authorised to make commitments on behalf of FAR or to grant rights going beyond these ToU.

27.3 Where the Operator obtained the Licence through an authorised partner, these ToU apply between FAR and the Operator directly. The Operator shall register an Account with FAR and shall name the Location and the partner through which the Licence was obtained.

27.4 The Licence of the Operator ends at the latest when the right of the partner to distribute Laser Limbo ends. FAR shall offer the Operator continuation on the terms then applicable.