Terms and conditions

Terms of Service

Last Updated: March 15, 2025

1. Introduction

Welcome to Augmia Inc. ("Augmia," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, applications, and services (collectively, the "Services").

Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

2. Eligibility

You must be at least 13 years old to use our Services. If you are under 18, you represent that you have your parent or guardian's permission to use the Services and they have read and agree to these Terms on your behalf.

3. Your Account

3.1 Account Creation

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. User Content

4.1 Content Ownership

You retain ownership of any content you submit, post, or display through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.

4.2 Content Restrictions

You agree not to submit User Content that:

  • Violates any applicable law or regulation
  • Infringes upon the rights of any third party
  • Contains software viruses or any other code designed to harm or interfere with computer functionality
  • Is false, misleading, or deceptive
  • Is defamatory, obscene, pornographic, vulgar, or offensive
  • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
  • Is violent or threatening or promotes violence or actions that are threatening to any person or entity
  • Promotes illegal or harmful activities

4.3 Content Monitoring

We do not control or actively monitor User Content and do not guarantee the accuracy, integrity, or quality of such content. However, we reserve the right to review, remove, or modify User Content at our sole discretion.

5. Augmented Reality Services

5.1 AR Content

Our Services may allow you to create, share, and interact with augmented reality content. You understand that such content is created using our platform but exists in a virtual environment that overlays the real world.

5.2 Safe Usage

You agree to use our augmented reality features responsibly and safely. Do not use these features while driving, operating machinery, or in any situation where your attention to your surroundings is required for safety.

5.3 Location Data

Certain augmented reality features may require access to your device's camera and location data. By using these features, you consent to the collection and use of this data as described in our Privacy Policy.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services and their original content, features, and functionality are owned by Augmia and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes.

6.3 Restrictions

You may not:

  • Copy, modify, or create derivative works based on the Services
  • Reverse engineer, decompile, or disassemble any portion of the Services
  • Remove any copyright, trademark, or other proprietary notices
  • Use the Services in any manner that could disable, overburden, damage, or impair the Services
  • Use any robot, spider, or other automatic device to access the Services
  • Use the Services for any commercial purpose without our prior written consent

7. Third-Party Services and Content

7.1 Third-Party Services

The Services may contain links to third-party websites or services that are not owned or controlled by Augmia. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

7.2 Third-Party Content

Our Services may display content from third parties. You acknowledge that we are not responsible for such content and that your use of third-party content may be governed by separate terms and conditions.

8. Payment Terms

8.1 Fees and Billing

Certain aspects of the Services may require payment of fees. All fees are stated in U.S. dollars and are non-refundable except as required by law or as explicitly stated in these Terms.

8.2 Subscription Services

For subscription-based Services, you will be billed in advance on a recurring basis based on your selected plan. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.

8.3 Changes to Fees

We reserve the right to change our fees at any time. If we change the fees for your subscription, we will provide notice of the change on the Services or by email, at least 30 days before the change takes effect.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

IN NO EVENT SHALL AUGMIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
  • ANY CONTENT OBTAINED FROM THE SERVICES
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Augmia and its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Services
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your User Content caused damage to a third party

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in New Castle County, Delaware.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

15. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Augmia.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Augmia regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.

17. Contact Us

If you have any questions about these Terms, please contact us at:

Augmia Inc.
131 Continental Dr, Suite 305
Newark, DE 19713
New Castle County
Email: co-founders@augmia.io