Video Recording Policy

1. Access to the App or Video Web Service / Use of the App or Video Web Service / Accompanying Persons

The use of the app and video service is free of charge. The app can be downloaded from the respective app store (see section 5: Usage Requirements) after accepting these Terms and Conditions. Alternatively, the web app can be accessed via a link on the Captivr homepage.

The user agrees to provide truthful and complete information about their identity, age, and, if applicable, contact details when using the video service, to the extent that the use of the app and video recordings requires such input.

Recording accompanying persons is permitted if the accompanying persons are at least 16 years old. The user is obligated to provide necessary details about accompanying persons if they are to be included in the video recording and to carry out the required measures for the accompanying persons (e.g., scanning the associated QR code). The user is also responsible for informing the accompanying persons about these Terms and Conditions and the privacy information, and providing them with these documents.

The user may uninstall the app from their device at any time. After uninstalling the app, Captivr will continue to store data required for contract performance, such as the "serial number" assigned by Captivr and stored on the user's device (see section 5.1 below) or any login data. Other personal data of the user will be deleted, unless required for the agreed use of video recordings or due to existing legal retention periods.

2. Functions of the App or Video Web Service / Procedure for Video Recording and Its Use / Conclusion of the Video Purchase Agreement, Right of Withdrawal

2.1 Download

The app or web app assigns a Captivr serial number, which is stored on the device and used for the video service. To install and use the app or web app, inputs regarding age and agreement to these Terms and Conditions, the privacy information, and general consent to desired video recordings are required. Consent to location data collection must also be given to prevent abuse.

We also reserve the right to implement user registration in the future, asking for the following data:

- Email address
- Name

2.2 Video Recording

To record a video, the user must open the app or web app on their mobile device before the ride and scan the QR code located in the boarding area of the ride, which contains information about the user’s seat. If an accompanying person is also to be filmed, their associated QR code must also be scanned. The user will then be prompted by the app or web app on their device to consent to the video recording and, if applicable, confirm that the accompanying person also agrees to the video recording. The video recording will only start once the necessary confirmations have been provided. Individuals who have not provided confirmation will be pixelated in the video for anonymization. Instructions from the ride staff must be followed if applicable.

2.3 Provision of the Video Recording

After the video recording is completed, the video file will be made available for retrieval. The user has the option to purchase the video for a fee within 2 weeks.

2.4 Purchase of the Video Recording, Conclusion of the Video Purchase Agreement, and Right of Withdrawal

The user can purchase the video file. After the video file is completed, the user will receive a notification on their mobile device that the file is ready and can be purchased within 2 weeks according to the valid price list available in the app. The user can then agree to purchase the file in the app or web app by clicking a checkbox "Order for a Fee." After clicking the checkbox, the order details will be displayed, which must be confirmed with another click.

With the second click, the purchase agreement for the video recording with Captivr is concluded. The user will receive an order confirmation.

With the second click, the user will be redirected to a payment service provider to pay the purchase price. Alternatively, payment using a discount code provided by the attraction operator or Captivr is possible.

After payment, the user will receive a link on their device to access the video file. Both viewing and downloading of the video file are possible.

To view and/or download the video file, the user’s device must meet the following technical requirements:

- iOS operating system version 13 or higher
- Android operating system version 4.4 W KitKat API Level 20
- QR code scanning function
- Geo-data collection

The file will be stored by Captivr in a secure cloud for one year. Extended storage of a purchased video file is possible for an additional fee. If a video file is not purchased within 2 weeks of notification of its availability, the file will be deleted.

The user has a right of withdrawal according to section 6 below, if they are a consumer. Influencers, in their capacity as (commercial) influencers, are not considered consumers, and therefore the right of withdrawal for consumers does not apply to them.

3. Copyright and Usage Rights

3.1 Copyrights

(a) The copyright to the app is exclusively held by Captivr.

(b) The copyrights and ownership of the video files are held by Captivr. The operators of the respective rides, where the video recordings are made, also have rights to the video recordings as owners/operators of the rides and holders of house rights, such as trademark rights if trademarks of the ride operator are depicted.

(c) Users and accompanying persons have a right to their own image. Therefore, video recording only occurs with their consent, for which the respective user is responsible. By granting consent, the user and their accompanying persons may grant Captivr and the ride operators the right to use the video recording according to the consent declarations. Promotional use of the videos by Captivr or the ride operators is only permitted with the explicit prior consent of the users or accompanying persons.

3.2 Usage Rights to the App and Video Recordings

(a) By downloading the app, the user acquires a time-limited, non-exclusive, and non-transferable right to download, install, and use the app on the device they own or control. This usage right also includes any updates (e.g., patches).

(b) The user and, if applicable, the accompanying person acquire a non-exclusive and non-transferable right to use the content retrieved in the app. This usage right allows the user and their accompanying person to view and download the videos recorded and paid for using the app or web app on their device for private purposes. The user must ensure that third-party rights, especially those of the accompanying persons, are not infringed by their use of the video file. The use includes playing, displaying, sharing, and – with the consent of depicted persons – also posting the file on social media platforms. Copyright notices and trademarks of Captivr and the ride operators present on the video files must not be removed or altered. Commercial use of the video files is not permitted without the explicit consent of the rights holders (§ 7.1). However, the use of videos for posting depicted influencers is permitted. If the user has purchased and downloaded a video file, they are the owner of the file they have stored, but copyright and usage rights remain restricted according to the above regulations.

(c) The user and accompanying person may only use the app for their private purposes.

(d) The user and accompanying person are not authorized to modify the app, decompile, reverse engineer, disassemble, attempt to derive the source code, decrypt, alter, or create derivative works of the app or its contents, or reuse them in other software.

(e) Rights not explicitly granted to the user and accompanying person in the above provisions do not belong to them. In particular, the app, web app, and video files may not be used beyond the agreed purpose. Specifically, it is not permitted to reproduce, sell, or temporarily lease the app, including renting or lending.

3.3 User’s Obligations for Secure Use

(a) The user and, if applicable, their accompanying person must take the necessary precautions to prevent unauthorized use of the app and video web service.

(b) The user and their accompanying person are permitted to forward or share the link that provides access to the video file stored by Captivr with other persons (recipients). The forwarding of the link or the sharing of the downloaded video file and its use by recipients are subject to these Terms and Conditions and the related data protection regulations. When forwarding or sharing the video file, the user and the accompanying person are responsible for processing this data (Art. 4 No. 7 EU General Data Protection Regulation) and for complying with these Terms and Conditions and associated data protection regulations.

(c) The user and their accompanying person are liable to Captivr for ensuring that the app, web app, and video recordings are not used for racist, discriminatory, pornographic, youth-endangering, politically extreme, or otherwise illegal purposes, or in violation of regulatory requirements or restrictions.

(d) The user may flag offensive and/or illegal content according to section c). Captivr is entitled to delete such content. Payments made will not be refunded in such cases.

3.4 Breach of Provisions in §§ 2., 4., and 7 (1) to (3) by the User/Accompanying Person

(a) If the user or their accompanying person breaches the provisions in §§ 2., 4., and 7 (1) to (3) due to reasons for which they are responsible, Captivr may, after prior written notification, block the user and their accompanying person's access to the app and video web service.

(b) If the user or their accompanying person unlawfully violates §§ 7.1 to 3, Captivr is entitled to delete the affected data and block access to the app and video web service until the matter is resolved. If the violation is proven, Captivr is entitled to terminate the use of the app and video web service permanently and delete access to the affected and stored video

files and the video files themselves.

3.5 Captivr’s Usage Rights to Data Entered by the User

The user grants Captivr the right to process the data entered by them in the app and web app and the device ID of the user's device for the provision of the services described in these Terms and Conditions.

Captivr is not liable for any infringement of third-party rights by the user and their accompanying persons, to the extent that such infringement results from exceeding the usage rights granted under these Terms and Conditions. In such cases, the user and, if applicable, their accompanying person shall indemnify Captivr and the respective attraction operator upon first request from all third-party claims.

Status of Video Recording Policy: August 6, 2024