Ar Generation encourages you to read this Agreement, the Privacy Policy and other available legal documents.

The Terms and Conditions of this Agreement (Terms of Use of Services), are regulated by the rules regarding the use of Services such as the mobile application: New Layer, the websites generation.com and newlayer.argeneration.com and by the rules regarding the use of any other products and services provided by Ar Generation, including forums, blogs, websites, applications, etc. The Agreement sets out the rights and responsibilities of the Parties and is legally binding. Ar Generation reserves the right to specify in the future that some of the Services are regulated by separate rules and regulations (which, where appropriate, may be individually accepted).

This Agreement shall be binding on the Parties through the User’s interactions with the Service, in particular through the download, installation, use of Ar Generation Service (use of mobile applications, visits on websites).

For any User residing within the European Economic Area it is required to be at least 16 years of age (or reach the minimum required age in his or her country) in order to use the Services without the consent of his or her parents. For any User from outside the European Economic Area it is required to be at least 13 years of age (or reach the minimum required age in his or her country) to sign in to the Services and use them. Besides the requirement of reaching the minimum required age to use the Services in accordance with the law in force, if the User is not at the age that authorises him or her to accept the Agreement in his or her country or on its territory, in order to use the Services the Agreement has to be accepted by the User’s parent or legal guardian in the name of the User. Ar Generation advises the User to read these Regulations together with his parent or legal guardian.

By interacting with the Service, the User confirms that he or she has read and understands the Agreement and that he or she accepts the terms and conditions thereof (and, where necessary, has obtained the consent of his legal guardian). If the User disagrees with terms and conditions of the Agreement, he or she shouldn’t use the Service.

Ar Generation reserves the right to amend this Agreement for the purposes of incorporating any changes in Services or changes in applicable legal regulations. In this situation the amended Agreement shall be made available online. If the User doesn’t accept the changes, he or she shall stop using the Service.
Further use of the Service shall mean that the User accepts the changes.

Personal data:

By interacting with the Service/Using the Service, the User accepts the rules of processing personal data by Ar Generation. Detailed rules followed by Ar Generation while processing personal data are set forth in the Privacy Policy, the Cookies Policy and the Information Clause. The User may read the afore-mentioned legal documents.

Information on Services provided by Ar Generation:

Ar Generation is committed to enabling Users of Services to communicate with other Users of Services, including via messages, voice and video chats, by sending images and films, displaying one’s status and sharing their location with other persons, if they wish so. Ar Generation cooperates with partners, providers of services and affiliates, so as to enable Users to use Services, including communication.

In order to perform the Service on a global scale, it is necessary to store and distribute content and information in data centres and systems all over the world, including outside the country of User’s residence. The use of such a global infrastructure is necessary and is of major importance for the provision of Services. Infrastructure may belong to providers of Services, including affiliates, or may be operated by them.

Services may require registration, providing accurate information, valid telephone number or/and email address, and in the event of any change thereof - to update such data using the modification function available in the Service. The User gives his or her consent to receiving text messages and other connections with authorisation information.

During registration and also during further use of Services, the User shall provide true and complete data. The User shall be fully liable for truthfulness of the data he or she provides. Ar Generation is not obligated to verify the data provided and shall not bear any liability in connection therewith. In the event of providing data concerning third persons, the User shall obtain consent from any such person, in particular this reservation concerns the provision of personal data. It is the User who shall prove the fact of obtaining any such consent.

The Services of Ar Generation do not provide access to rescue services or providers of rescue services, including police, fire service or hospitals, neither are they otherwise linked with public safety contact points.

The Services of Ar Generation enable the User to gain access to external websites, applications, content, other products and services, and products such as Facebook or TikTok, as well as to use and interact therewith. Ar Generation informs that this Agreement and other documents such as the Privacy Policy apply only to use of Services provided by Ar Generation. The use of external products or services provided by other entities is regulated by their own terms of use and privacy protection rules. Ar Generation doesn’t assume liability for actions of any such entity/third party.

The Services of Ar Generation are developing Services. Ar Generation shall have a right to request the User to accept any updates of the Service you use, in particular when the Service is installed on the device used for access to the Service. The User accepts that Ar Generation may update the Service, regardless of whether her or she has been informed about this fact or not. In certain situations in might be necessary to update third-party software to maintain the Service.

License:

Ar Generation’s rights - License for the User:
Any copyright, trademarks, domains, logotypes, utility models, trade secrets, patents, solutions and other intellectual property rights connected with Services are the exclusive property of Ar Generation and are protected by law. The User shall not use any copyright, trademarks (or similar marks), domains, logotypes, utility models, trade secrets, patents, solutions and other intellectual property rights without the explicit consent of Ar Generation, which consent shall be given in writing, otherwise it shall be deemed null and void, and shall determine the rules and scope of use. These rules also apply to any Ar Generation’s affiliates/partners.

Ar Generation grants the User a limited, revocable, non-exclusive license for the use of Services, without the right to sublicense and transfer, subject to the provisions of this Agreement. The purpose of this license is only to enable the User to use Services in the manner permitted by this Agreement. The User is not granted any licences or rights, either implied or otherwise, besides the licences and rights which were granted to him or her explicitly.

User’s rights - License for Ar Generation:
Ar Generation shall not assert any property rights to the information/values provided by the User through Services. The User shall hold any necessary rights to the information he or she provides through Services and the right to grant rights and licenses to any such right.

For the purposes of enabling Ar Generation to provide Services, the User grants Ar Generation a global, non-exclusive and gratuitous license to the use, reproduction and distribution of any information (including content) transferred, delivered, stored, sent and received in our Services or through our Services, and for the creation of derivative works based on them and for displaying and performing thereof, without the right to sublicense and transfer. The rights granted under the licence serve a limited purpose, which is to support and provide our Services (e.g. enabling the User to display his or her profile photo, send communications on his or her status, send and store communications, including photos, videos, etc. )

The User, by sending through Services any content (including videos/photos) containing an image, gives his or her consent to the processing of that image by Ar Generation for the purposes of performance of the Service or/and in connection with the performance of Services.

Notice of infringement:
In order to notify an infringement of copyright, trademarks or other intellectual property rights of any third person, the User shall contact Ar Generation at the address: ar@ar-generation.com, and Ar Generation may take actions towards the user’s account e.g. block or suspend the account.

User’s responsibilities:

The User is not allowed to gain access to or/and use Services for the purposes of taking any actions which infringe the rights and/or inflict damage on Ar Generation or on other third parties, including other Users.

The User shall use Services in compliance with this Agreement, other legal documents, the principles of community life, other standards applicable in given economic relations. he User is not allowed to take any actions which infringe economic rights, the rights to privacy, an image, intellectual property rights, personal rights of any third party.

The User is not allowed to use Services in a way that interferes with their operation or to make the use of Services difficult for other Users, to gain or try to gain unauthorised access to Services, including the accounts of other Users, to create accounts to Services in an unauthorised or automated manner.

The User is not allowed to take any actions which destroy or modify IT systems, servers, software, databases, including the infrastructure of Ar Generation (in particular through viruses, malicious codes, malware or other malicious codes/files). It is prohibited to take any actions which jeopardise the operational and IT security of Ar Generation.

The User is not allowed to process, including use, any third-party data contrary to this Agreement or/and the purpose of the Service or/and legal regulations. It is prohibited to impersonate any other person and make unauthorised use of the accounts of other Users.

The User is not allowed to share through Services any material or information which infringes any copyright, trademarks, patents, trade secrets, the right to privacy, the right to advertisement or other rights of any other person or entity, to promote crimes, to threaten children or other persons and to abuse them, to coordinate criminal activities. This includes in particular communication with other Users and publication of posts on the websites of Ar Generation.

The User is not allowed to publish any information which is offensive, racists, xenophobic, discriminative or which contains pornographic content, violence, threats, slander or other content infringing third party rights and personal interests.

The User shall be responsible for maintaining the security of the device he uses for the Service.
The User shall notify Ar Generation of any cases of unauthorised use of the Account or of Services, or of any breach of security. The use of Services requires an internet connection. The User shall pay any fees for access to or use of the Internet.

The User shall notify Ar Generation of any cases of unauthorised use of the Account or of Services, or of any breach of security. The use of Services requires an internet connection. The User shall pay any fees for access to or use of the Internet.

The User agrees to maintain, for the whole time, his user’s name, password, key or other authorisation data used to gain access to Services in confidentiality and in secret, and to ensure that no unauthorised third person will gain access to Services with the use of the User’s authentication. In the event of suspicion that any third person may use the User’s authentication data, the User shall promptly notify Ar Generation of this fact and provide Ar Generation with any reasonable assistance in connection with each subsequent procedure or other actions taken by Ar Generation.

User’s liability:

If Ar Generation has ascrtained that the User has committed an act prohibited by law or by this Agreement, Ar Generation may take any legally permitted measures, in particular it may:

• limit or completely block the possibility to use Services by the User,
• erase the information entered by the User which violates the law, infringes the rights of other persons or breaches this Agreement,
• notify relevant authorities of suspected crime committed to the detriment of a third party, including Ar Generation,
• if any third person suffers damage in consequence of actions taken by the User – Ar Generation may require the User to take actions to indemnify and hold Ar Generation harmless against any possible claims, including to reimburse Ar Generation for any losses and expenses,
• request the User to redress any damage suffered by Ar Generation due to prohibited actions of the User.

The User shall be solely responsible for his or her interactions with other Users of Services with whom he or she contacts through Services. Ar Generation is not obligated to engage in any such dispute whatsoever.

The User may, through Services of Ar Generation, transfer specific content - communications, sounds, any materials, images, data, information, messages, etc. By transferring any such content the User confirms, declares and warrants that such transfer shall not be confidential and shall not infringe any rights, contractual limitations or other third party rights, and that he or she is authorised to dispose of the content, including that he or she has obtained the third person’s consent in case of disclosing any data of that person, and that it shall be free from viruses, adverware, spyware, worms or other malicious code.

Waivers:

The User shall use Services provided by Ar Generation at his or her own risk and responsibility and voluntarily.

Ar Generation waives, to the broadest legally permitted scope, its liability for any damage to the User or any third party in connection with Services used, in particular when the User uses Services in conflict with the provisions of this Agreement or/and generally applicable legal regulations.

Ar Generation provides Services to the User on an as-is basis, without any explicit or implied warranties, including warranties of merchantability, warranties of marketing, commercial or technical value, suitability for specific purpose, warranties of no breaches, no computer viruses or other malicious code, in particular those which might be shared by other User of Services. Ar Generation does not warrant the accuracy, completeness, suitability of provided information, functionality, failure-free operation and security of Services, neither can it warrant that the Services will function without interference, delays and imperfections.

Ar Generation shall have the right to monitor Services, in particular for the purposes of ensuring the proper functioning of Services, the User’s compliance with the Agreement and with generally applicable legal regulations. However, AR Generation doesn’t assume the obligation and legal responsibility for any content sent by Users or by any other third persons. No User and/or third party may pursue against AR Generation any claims arising therefrom.

The User indemnifies and holds Ar Generation, its subsidiaries and affiliates, any persons in the structures of Ar Generation, including members of the Management Board, shareholders, directors, representatives, employees, harmless against any claims, complaints, legal actions, disagreements, disputes or damages, either know or unknown, which might arise from or relate to any such User’s claim towards third parties or are otherwise connected therewith. The User’s rights towards Ar Generation shall not be changed as a result of the above reservation, if this is not permitted under the laws in force in the country of his residence or on the territory thereof, which apply as a result of using Services by the User.

Ar Generation shall not be liable for any losses which Ar Generation could not reasonably foresee at the time of assuming the obligations set forth in this Agreement and in any situations beyond control of Ar Generation.

The Service may comprise forums, blogs and functions of a chat where it is possible to post the User’s content, including observations and comments on specific topics. Ar Generation may not guarantee that other members will not use the ideas and information shared by the User. Therefore, if the User has an idea or information which he or she would like to keep secret and/or does not want the others to use any such idea or information, Ar Generation advises the User not to publish it in the Service. Ar Generation shall not be liable for any User’s rating, use or remuneration for the idea or information which the User decided to send.

Ar Generation shall not be liable for the behaviour of any User transferring any content.

Limitation of liability:

Ar Generation’s liability shall be limited to liability under relevant statutory regulations for loss of life or health or bodily injury in the event of deliberate actions, gross negligence and in accordance with the regulations concerning product liability.

Term and termination of the Agreement:

This Agreement shall be in force until terminated in accordance with the provisions hereof.

The Parties may terminate this Agreement at any time.

The Parties may terminate this Agreement at any time.

When the Service provided by Ar Generation is connected with an obligation to set up an account by the User, the User’s account may be blocked or removed if it has been inactive for a long period of time.

If the User is convinced that his or her account was unjustly deactivated or suspended, the User shall contact us at the address; ar@ar-generation.com.

Information concerning payments:

Some Services of Ar Generation may be chargeable. In this case any payment transactions are realised through appropriate platforms, e.g. Apple Store, through the User’s account linked with the platform’s account. If the User makes a transaction on the platform, Ar Generation shall be notified by the payment processor of the transaction made, but it shall not receive any factual payment details.

Dispute settlement and governing law:

Should any dispute arise between Ar Generation and the User, the User shall contact Ar Generation at the address ar@ar-generation.com.. in order to seek a solution.

The User accepts that any disputes between Ar Generation and the User shall be governed by the Polish law, without regard to potential conflicts of laws. The User accepts that any possible claims or disputes which might arise between the User and Ar Generation shall always be resolved by a competent court having jurisdiction over the registered office of Ar Generation.

Final provisions:

Ar Generation may assign or transfer the rights and obligations arising from this Agreement and from other binding documents, including the Privacy Policy, in whole or in part, to any person or entity, at any time, without the User’s consent. In case of such transfer, the User’s data shall be provided in accordance with the laws in force, and, if necessary, the User shall be requested for his consent. The relationship between the User and any third person shall be still governed by these Regulations.

The User shall not assign or delegate any rights or obligations arising from this Agreement and from other binding documents, including the Privacy Policy, without the prior written consent of Ar Generation, and any unauthorised assignments and delegations shall be ineffective.

The unenforceability of these Regulations shall not be construed as repealing the provisions hereof and/or waiving any rights by Ar Generation.

If any provision of this Agreement prove to be against the law, invalid or for some reason unenforceable, it shall be deemed amended to the minimum extent necessary to make it enforceable, and if it is still unenforceable, it shall be deemed detached from the Agreement and shall not have an impact on the validity and enforceability of other provisions of the Agreement, whilst the other provisions shall remain valid.

Ar Generation reserves any rights which have not been explicitly granted to the User.