TERMS OF SERVICE
This Terms of Service Agreement ("Agreement") is a legal agreement between you ("you", "your") and NEUROPILOT ("we", "us", "our", the "Company"), governing your use of our virtual reality application (the “Application", “Service”) for the purposes of improving your training and performance as an athlete. This Agreement is a legally binding contract between you and the Company regarding your use of the Service.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY (TOGETHER, THESE “TERMS”) AND ANY ADDITIONAL TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE.
If you are not eligible, or do not agree with the Terms, then you do not have our permission to use the Application.
1. OVERVIEW OF THE APPLICATION
The purpose of the Service is to help users manage anxiety and boost confidence. To that end, based on “The Desire Therapy” method, the Application provides virtual reality content that can be tailored to meet individual user’s needs. The user fills out a survey indicating their first name, last name, and email address, and then gains access to our mobile application through a Google authorization procedure. The information provided by the user, and the user’s results are stored, tracked and afterwards forwarded to a certified psychologist to draw further insights and improve the user experience in the future.
2. USE OF THE APPLICATION
You may only use the Application for lawful purposes and in accordance with this Agreement. You agree not to use the Application in any way that could damage, disable, overburden, or impair the Application or interfere with any other party's use of the Application. You further agree not to attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Application.
3. DATA STORAGE AND USE
The Company's Privacy Policy forms an essential part of this Agreement and provides further detailed information on the collection, storage, and use of personal data as referenced in Section 16 of the Agreement. By using the Application, you agree to the terms of the Privacy Policy in addition to the terms of this Agreement. The Privacy Policy can be found [ privacy.vrexbox.com/neuropilot/privacy-policy/ ].
4. USER CONSENT
By using the Application, you consent to the collection, storage, and transmission of your personal data for the purposes of generating a tailored virtual reality experience session, monitoring your progress over time, and receiving relevant feedback to further improve your performance.
You have the right to withdraw your consent at any time by deleting the Application and notifying the Company in writing. However, please note that the withdrawal of consent may impact the functionality of the Application.
5. USER ACCOUNTS
To use certain features of the Application, you may be required to create an account by accessing our mobile application through google authorization procedure. You agree to provide accurate, current, and complete information during the registration process and to keep your account information up-to-date at all times.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device to prevent unauthorized access to your account.
If you are using the Service on behalf of or as a member of an institutional subscriber, your institution may have agreed to a separate agreement with us that supersedes portions of these Terms.
If you believe that your account is no longer secure, then you must immediately notify us at contact@vreximmersive.com
6. LICENSE
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Application for your personal, non-commercial use. You may not use the Application for any other purpose without our prior written consent.
7. INTELLECTUAL PROPERTY
The Application and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by the Company and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are not granted any right or license to use any of the Company's trademarks, service marks, trade names, logos, domain names, or other distinctive brand features.
8. DISCLAIMERS
The Application is provided "as is" and "as available" without warranty of any kind, express or implied. We do not warrant that the Application will be uninterrupted or error-free, that defects will be corrected, or that the Application or the server that makes it available is free of viruses or other harmful components. You acknowledge that you use the Application at your own risk.
10. LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall the Company or its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with your use of the Application or any information or materials available through the Application.
11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Application.
12. GOVERNING LAW
This Agreement is governed by and construed in accordance with the laws of Georgia, without giving effect to any principles of conflicts of law.
13. ENTIRE AGREEMENT; AMENDMENT; SEVERABILITY
This Agreement, together with any other terms, policies, or guidelines referenced in this Agreement, constitutes the entire agreement between you and the Company.
14. MODIFICATION OF THE TERMS
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service.
Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
15. TERM AND TERMINATION
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described below.
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, we may, at our sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time deleting your account in the app or contacting customer service at contact@vreximmersive.com.
16. PRIVACY POLICY
Please read the NEUROPILOT Privacy Policy at [privacy.vrexbox.com/neuropilot/privacy-policy/ ] carefully for information relating to our collection, use, storage, disclosure of your personal information. The NEUROPILOT Privacy Policy is incorporated by the reference into, and made a part of, these Terms.
17. ADDITIONAL TERMS
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
18. CONSENT TO ELECTRONIC COMMUNICATIONS
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
19. CONTACT INFORMATION
The Service is offered by VRex Immersive, located at 2 Marshal Gelovani ave. 0160,Tbilisi, Georgia. You may contact us by sending correspondence to that address or by emailing us at contact@vreximmersive.com.