EaseVR Subscription Terms

1. INTRODUCTION

EaseVR and its related services are offered to you by appliedVR, Inc. ("appliedVR") 1900 Avenue of the Stars, Suite 1600, Los Angeles, CA 90067. 

The following Terms of Use govern your access and use of EaseVR, including the EaseVR mobile application; the virtual reality hardware; the software embedded in the VR hardware; the appliedVR website (collectively called “the Service”). Also, specific terms and conditions may apply to specific content, data, materials, or information you may upload, or transactions concluded through the Mobile Application or website. Such specific terms may be in addition to these Terms or, where and then only to the extent expressly specified, may supersede these Terms.

1.1 Acceptance of Terms

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1.2 Modification of Terms

These Terms may be amended by appliedVR at any time. The amended Terms will be effective upon posting. By continuing to access the website after that posting, you will be agreeing to abide by the modified terms. We advise you to check back often to see if there have been any modifications of terms. appliedVR reserves the right to discontinue or make changes or updates with respect to this website or its content at any time without notice. appliedVR reserves the right to restrict, refuse or terminate access of any person to the website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its own discretion.

2. ACCOUNTS & ORDERING

2.1 Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

By creating an account you opt-in to receiving occasional special offer, marketing, survey and app-based communication emails. You can easily unsubscribe from appliedVR commercial emails by following the opt-out instruction in these emails. Subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

2.2 Device Requirements

Certain equipment and software may be required to access and use the Service. In addition, we may need to automatically update some of the software you obtain through the Service or provide you with new software to keep the Service functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Service, you agree to such automatic updating.

2.3 Ordering

You may only purchase the Service for your personal use or to give as a gift unless otherwise expressly permitted in these Terms. You may not purchase the Service from appliedVR for commercial use or resale.

When placing an order or making a purchase, you will be required to provide us with information, such as your address and billing information. You represent and warrant that all such information is accurate, and you will ensure that such information is kept current. appliedVR will have no responsibility or liability for inaccurate information or information that later becomes outdated, and appliedVR will have no obligation to make efforts to determine the correct contact or shipping information. You can update your information by emailing service@appliedvr.io. We will not take payment for product purchases until Order Acceptance (see below).

After you place an order, you may receive a communication from us acknowledging that we have received your order ("Order Acknowledgement"). Please note that receiving the Order Acknowledgement does not mean that your order has been accepted. We will confirm our acceptance of your order by sending you a communication that confirms that the order has been processed or the goods have been shipped – when applicable ("Order Acceptance"). The contract between us in relation to the applicable Service will be formed when we send you the Order Acceptance.

Any shipping dates or times provided by us (or a courier) are estimates only and are not guaranteed. The risk of loss in physical goods you purchase and the responsibility to insure the goods passes to you upon delivery of the goods to you.

Nothing in these Terms shall affect your statutory rights to reject physical goods that, when received by you, are damaged or defective.

2.4 Our Right to Reject Your Order

At any time prior to Order Acceptance, we reserve the right to decline or reject your order. If this occurs, we will attempt to notify you. Some reasons for rejection can include: (a) we are unable to supply you with Service, for example because that item is no longer available or because of an error in the price at the point of sale; (b) you do not live in a country or region from which the Service may be purchased; or (c) you order more than the permitted maximum number of the Service. If you have already paid, we will refund you the full amount including any delivery costs charged.

      3. SUBSCRIPTIONS

        3.1 Description of Subscription

        1. A subscription fee-based program, which gives access to all content included in the Service. You can become a subscriber by purchasing a subscription to the Service from the Website or within the App. 
        2. appliedVR offers monthly and annual subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
        3. Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that appliedVR is authorized to charge the same credit card as was used for the initial subscription fee or other payment method in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
        4. Our “Yearly” subscription are paid for by an upfront one-off payment with automatic annual renewal. You acknowledge and agree that appliedVR is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee(s) at the non-discounted rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
        5. You may cancel automatic renewals of your subscription at any time by emailing service@appliedvr.io.
        6. You agree to promptly notify appliedVR of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
        7. We may accept various forms of payment, including credit and debit cards, and payments made through PayPal. Additional terms with your payment provider may apply. By submitting an order, you acknowledge that you are authorized to use the designated payment method and you authorize us to charge your order to that payment method. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. Depending on where you are located or ask to have Services shipped or delivered, appliedVR may utilize an agent, subsidiary, or affiliate to process payment and shipping. In the event the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order. You are responsible for resolving any problems we encounter in order to proceed with your order.
        8. Our obligation to provide the Service only comes into being when we take receipt of your Order, and we confirm your purchase by Order Acknowledgement. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell the Service purchased through appliedVR for commercial purposes.
        9. Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion.

        3.2 Description of Unit

        appliedVR agrees to provide you with one (1) unit (as defined below) of the EaseVR Service for the subscription period specified in your order agreement. You will also be granted a limited non-exclusive license to use the EaseVR platform and software included in the EaseVR unit during the Subscription Period; You shall not use the EaseVR platform or software on any equipment other than the EaseVR unit. 

        Each Unit of the EaseVR Service consists of:

        1. One Samsung® Galaxy S7 smartphone or equivalent and wall charger
        2. One subscription to the EaseVR platform and software with is loaded on the Samsung Galaxy S7 smartphone
        3. One Samsung Gear® VR headset
        4. One set of headphones with microphone
        5. One Scosche Rhythm+ heart rate sensor and charger
        6. One appliedVR carrying case

        4. Cancellations and Returns

        4.1 Cancellations

        (a) You may cancel your order of physical goods at any time prior to shipping and Order Acceptance. After shipping the goods to you, you have the right, within 7 days from the date of your receipt of the goods, to cancel our contract with you and return the goods. This right does not apply to any goods that have been used, or are stated by us to be non-returnable, including any items or goods that have been personalized or modified in accordance with your instructions. The goods must be fully returned in the original packaging with the applicable proof of purchase and you will be responsible for the cost of returning the goods to us. If, on return to us, it is determined that the goods have been used, damaged, are missing components, or is not in a resalable condition we may charge a 15% restocking fee, or otherwise reduce the amount of your refund to take account of this damage, use, or missing components.

        (b) You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by emailing service@appliedvr.io.

        (c) You may cancel our Yearly subscription plans within the 30-day money back guarantee offer, which entitles you to cancel your subscription and have the full cost refunded to you up to 30 calendar days from your first date of payment, by emailing service@appliedvr.io. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee.

        (d) We may suspend or terminate your use of the Service as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Service.

        4.2 Lost, Damaged or Unreturned Physical Goods

        appliedVR does not require you to provide a deposit equivalent to the market value of the EaseVR unit ($930). In the event that the EaseVR unit is lost or damaged during the Subscription Period, you agree to reimburse appliedVR for the market price of $930. If specific elements are missing, you agree to reimburse appliedVR for the market price of that item as listed below:

        Screen Shot 2018-03-09 at 7.09.28 PM.png
         

        5. Prohibited Use Policy

        You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Service. You agree not to interfere with the servers or networks underlying or connected to the Service or to violate any of the procedures, policies or regulations of networks connected to the App. You may not access the Service in an unauthorized manner.

        You agree not to impersonate any other person while using the Service, conduct yourself in an offensive manner while using the Service, or use the Service for any illegal, immoral or harmful purpose.

        By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

        You agree not to use the Service for any purposes related to scientific research, analysis or evaluation of the Service without the express written consent of appliedVR.

        6. COPYRIGHT POLICY

        We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

        If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@appliedvr.io, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below. You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

        You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

        • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
        • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
        • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
        • your address, telephone number, and email address;
        • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
        • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

        You can contact our Copyright Agent via email at info@appliedvr.io.

        7. PRIVACY POLICY

        Any personal information collected through the Service shall only be used in accordance with appliedVR’s Privacy Policy and these Terms are subject to the Privacy Policy as posted on this website: https://appliedvr.io/privacy-policy/

        8. USER MATERIAL

        The Service may provide you with the ability to create, upload, submit (through our Site, the Mobile App, through our personnel or through third-party websites, software, tools or other resources), disclose, distribute or otherwise post (hereafter, “posting”) content (including, without limitation, personal health information, activity tracking, food tracking and sleep tracking), videos, audio clips, written comments, data, text, photographs, software, scripts, graphics, works of authorship or other information related to the Service, including without limitation any feedback or suggestions for improvements, enhancements, or error corrections (collectively, “User Submissions”). You represent and warrant to us that (i) you own all rights, title and interest in and to your User Submissions or are otherwise authorized to grant the rights provided to appliedVR herein and (ii) that doing so will not violate any law or infringe upon or violate the rights of any person or entity.

        By posting User Submissions on or through the Service or otherwise providing feedback to us (e.g., in responding to surveys or questionnaires), whether solicited or unsolicited by us, including without limitation any individually identifiable health or personal information you submit to us, you hereby irrevocably and unconditionally assign to us all right, title, and interest in and to any such User Submissions (including, without limitation, any modifications, reproductions, or derivative works thereof), and all User Submissions, you supply to us through the Site, the Mobile App or the Service shall be deemed and shall remain our property, subject to appliedVR's compliance with these Terms, the Privacy Policy, and all applicable federal and state privacy laws in creating, using and disclosing such User Submissions. Except as provided in the Privacy Policy, none of the User Submissions shall be subject to any obligation of confidence on our part, and you agree to waive any and all claims arising from or relating to the exercise by Company of the rights granted herein.

        You understand that appliedVR shall have the right to de-identify all User Submissions in accordance with 45 CFR section 164.514 and use such de-identified data for its own business purposes, as well as reformat, excerpt, or translate any materials, content or information submitted by you, including all User Submissions.

        By providing you with the ability to distribute User Submissions through the Service, appliedVR is not undertaking any obligation or liability relating to any User Submissions or activity related thereto, nor does appliedVR endorse any such User Submissions or activities. Company cannot guarantee the authenticity of any data which users may provide about themselves through the Service.

        You acknowledge that all User Submissions are the sole responsibility of the person who made such User Submissions. This means that you are entirely responsible for all User Submissions that you upload, post, transmit or otherwise display to the Site, the Mobile App and the Service. We do not control the User Submissions uploaded, posted, transmitted or otherwise displayed on our Service by others; therefore, we do not guarantee the accuracy, integrity or quality of such User Submissions. You understand and agree that you may be exposed to User Submissions that are offensive or objectionable by using the Service. Although we reserve the right, appliedVR has no obligation to monitor the Site, Mobile App, Services, Content, or User Submissions. appliedVR may edit, modify, suspend or remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission, in order to comply with applicable laws or failure to adhere to community standards and conduct guidelines set forth in these Terms or otherwise established by appliedVR), or for no reason at all. APPLIEDVR DISCLAIMS ANY ACTUAL OR IMPLIED DUTY TO MONITOR USER SUBMISSIONS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY USER SUBMISSIONS OR OTHER INFORMATION PROVIDED THROUGH THE SERVICES.

        9. DISCLAIMERS

        ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. APPLIEDVR EXPRESSLY DISCLAIMS TO EXTENT PERMITTED BY LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, THE CONTENT OR USER CONTENT AND THE MOBILE APP.

        appliedVR does not make any representations that (i) the Service will meet your requirements, (ii) the website will be uninterrupted, timely, secure, or error free (iii) the results that may be obtained from the use of the Service (including any information and materials on this website) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

        appliedVR has no liability for interruptions or omissions in Internet, network or hosting services. appliedVR does not warrant that the website or the services which make this website available or electronic communications sent by appliedVR are free from viruses or any other harmful elements.

        Any material downloaded through the use of this website is done at your own discretion and risk. You alone are responsible for any damage to your computer or loss of data that occurs from the download of any such material.

        10. MEDICAL DISCLAIMER

        appliedVR is a provider of mobile and virtual reality content in the health & wellness space. We are not a healthcare or medical device provider, nor should our Service be considered medical advice. Only your physician or other healthcare provider can do that. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products. THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.  IF YOU EXPERIENCE A MEDICAL EMERGENCY, STOP USING THE SERVICE AND CONSULT A MEDICAL PROFESSIONAL. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911.

        11. END USER LICENSE

        Subject to the terms of this agreement, and these other Terms, and your payment of applicable subscription fees, appliedVR grants you a limited, non-exclusive, revocable license to download and make personal non-commercial use of the Service.

        The Service contains or embodies copyrighted material, proprietary material or other intellectual property of appliedVR or its licensors. All right, title and ownership in the Service remain with appliedVR or its licensors, as applicable. The rights to download and use the Service are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.

        You agree that you will not and you will not assist or permit any third party to:
        (a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Service in any way, or create derivative works of the Service;
        (b) Use the Service or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
        (c) Rent, lease, loan, make available to the public, sell or distribute the Service in whole or in part;
        (d) Tamper with the Service or circumvent any technology used by appliedVR or its licensors to protect any content accessible through the Service;
        (e) Circumvent any territorial restrictions applied to the Service; or
        (f) Use the Service in a way that violates this License Agreement or the other Terms.

        You may not make the Service available to the public. The Service made available (in whole or in part) are owned by appliedVR or its licensors and your use of them must be in accordance with these Terms.

        12. GENERAL

        12.1 Termination

        Notwithstanding any of these Terms, appliedVR reserves the right, without notice and in its sole discretion, to terminate your license to use the Service, and to block or prevent your future access to the Service.

        12.2 Indemnification

        You agree to defend, indemnify and hold harmless appliedVR and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

        12.3 Limitation of Liability

        In no event shall appliedVR, nor its directors, employees, partners, agents, suppliers, or affiliates, 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

        12.4 Third Party Information

        appliedVR is not responsible for the content of any site, app, services and resources (collectively called “third party resources”) owned by a third party that may be linked to the Service. Any link on our website or Service to another site is not an endorsement of such other site. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which we may link, and we take no responsibility for it.

        Any software made available for download from or through the Service is licensed subject to the terms of any applicable license agreement. Except as specified in the license agreement, the software is made available for use by end users only. Any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SPECIFIED IN THE APPLICABLE LICENSE AGREEMENT. APPLIEDVR HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

        12.5 Dispute Resolution

        These Terms of Use shall be governed by and construed in accordance with the laws of the state of U.S.A. You agree to the non-exclusive jurisdiction of the courts in Delaware, U.S.A. for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms or your use of this App, including any disputes relating to the existence or validity of these Terms, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Delaware, U.S.A.

        Any dispute relating in any way to your use of the Service or your purchase or license through appliedVR shall be submitted to confidential arbitration in Delaware, U.S.A, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court having jurisdiction. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Delaware. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned.  No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses. No instance of waiver by us of our rights or remedies under these Terms shall imply any obligation to grant any similar, future or other waiver.

        12.6 Severability

        If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

        12.7 Waiver

        No failure on the part of appliedVR to enforce any part of these Terms shall constitute a waiver of any of appliedVR’s rights under these Terms, whether for past or future actions on the part of any person. Neither the receipt of any funds by appliedVR nor the reliance of any person on appliedVR’s actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of appliedVR shall have any legal effect whatsoever.

        12.8 Entire Agreement

        The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.

        Contact Us

        If you have any questions about these Terms, please contact us at info@appliedvr.io.