withVR End User License Agreement (EULA)

Please read this End User License Agreement (THIS "EULA"), which is a legally binding agreement between you, the end user ("you"), and withVR BV and/or its affiliates (collectively, "withVR", "we" or"us"), carefully before using any withVR products (the "Product"). By downloading, accessing, or using the Product or Product related software, you are agreeing to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, please do not click “Accept” or otherwise download, access, or use the Product or related Product software.

1. Terms of use

The Product is licensed, not sold, to you by withVR. By opening, downloading, installing, copying or otherwise using the Product, you agree to be bound by this EULA. We reserve all rights in and to the Product not expressly granted to you under this EULA. We may modify this EULA, at our sole discretion. Unless we say otherwise in our notice, the modified EULA will be effective 7 days from our notice and your continued use of our Product after we provide such notice will confirm your acceptance of the changes. The terms of this EULA will govern any upgrades provided by withVR that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern your use of such upgrade. You acknowledge that this EULA is concluded solely between you and withVR, and not with the provider or operator of your computer, device, operating system, and/or distribution platform (collectively, the "Platform Operator"), and that withVR is solely responsible for the Product and the content thereof, except as otherwise provided in this EULA. If this EULA is less restrictive than, or in conflict with, the terms or conditions of service imposed by any applicable Platform Operator, the terms and conditions of the Platform Operator will govern. By using the Product, you agree to comply with all applicable privacy laws, including the General Data Protection Regulation (GDPR) for users within the European Economic Area (EEA), the Health Insurance Portability and Accountability Act (HIPAA) for healthcare settings, and the Family Educational Rights and Privacy Act (FERPA) for educational settings. Users are responsible for ensuring their use of the Product complies with these regulations and any other local laws. Material changes to this EULA will be announced by posting them in the Google Drive folder where the Product may be available. You are responsible for checking this EULA each time before using the Product.

2. Scope of license

This EULA grants you a non-exclusive, limited, non-transferable, non-sublicensable, revocable, terminable license to use the Product on computers, hardware or devices that you own or control and as permitted by the usage rules of the Platform Operator, or other terms and conditions applying to your device. This EULA allows you to use the Product on any device, but you are solely responsible for the security of your Account and data when using the Product. You must be especially careful when using the Product on a device that is not owned by you. In such a situation, please remember to log out. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Product and, if you sell your device to a third party, you must remove the Product before doing so. You may not copy (except as expressly permitted by this EULA and the terms and conditions for your computer, hardware or device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product or any part thereof (except as and only to the extent that any forgoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Product). Any attempt to do so is a violation of the rights of withVR and withVR's licensors. If you breach this restriction, you may be subject to prosecution and damages.

The Product, including AI functionalities, is provided as a customizable tool for use in research or communication settings but is not classified as a medical device. Users are responsible for how the Product is implemented, particularly in professional or academic contexts, and the Product does not independently provide clinical or diagnostic outcomes. Users are responsible for ensuring that their use of the Product complies with all applicable local regulations, especially when used in clinical, educational, or research settings. The AI features should not replace professional judgment.

The Product is not intended for the storage or processing of sensitive data, including but not limited to Protected Health Information (PHI). Users are advised against uploading such data.

3. Intellectual property

Reservation of Rights. All software, computer code, technology, and other content and materials included in the Product, including, without limitation, text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, and data (but not including any content posted by users) is owned exclusively by withVR or our licensors and protected by applicable copyright, patent, trademark and other intellectual property laws. Except for the limited license to use the Product as expressly set forth herein, withVR grants no other rights, license or interest in or to the Product or its related intellectual property rights and ownership, all of which are expressly reserved by withVR.

4. Charges

If there is a charge associated with the Product, you agree to pay that charge. Prices for the Product exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Product even if the Product itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of the Product. Any amounts paid for the Product are non-refundable, except as expressly set forth in this EULA.

5. Consent to use of data

We may ask you to submit certain personal information in order to register a withVR account. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, withVR has the right to suspend or terminate your account and refuse any and all current or future use of the Product by you. withVR is committed to protecting your privacy. By using the Product, you agree to be bound by withVR’s privacy policy located at https://hello.withvr.app/privacy-policy. You agree that we may collect and use technical data, gameplay and statistical data, analytics, and related information, including but not limited to, technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates and product support related to the Product. We may also use this information, as long as it is in a format that does not personally identify you, to improve our products or to provide new products or other applications to you.

When using the Product's AI features, such as ChatGPT or Whisper, you agree not to input sensitive personal data unless legally permitted. Some inputted or generated text may be stored in our database for functionality purposes, but we have no control over how third-party services (like ChatGPT or Whisper) process your data. The AI features are for supplementary purposes only and do not replace professional advice.

We collect and process personal data in accordance with GDPR, HIPAA, and FERPA, where applicable. When using the Product:

• You agree not to input or upload sensitive data, such as FERPA-protected educational records, unless legally authorized.

• You acknowledge that processing of personal data is based on lawful bases, such as consent, contractual necessity, legal obligation, or legitimate interests, as defined under GDPR.

• For FERPA-related data, you confirm that any educational records processed are done under the direction of an authorized educational institution.

6. Registration

When you register for a withVR account, use your email address and create a password. It is your responsibility to keep your credentials confidential. If you think a third party may have obtained your password, you should immediately change your password. We will have no responsibility for damage caused to you by a third party using your email address and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use. If there are changes to information that you registered with us when applying to use the Product, you should update your profile to reflect the changes. Users who register accounts and handle personal data, or FERPA-protected data must ensure they implement appropriate safeguards, including strong passwords and secure device access. Any unauthorized disclosure of such data may result in account suspension or termination.

7. Minor users

Our Products are not targeted to or designed to attract children under 13 years of age (or the age of legal majority where you live). Subject to the foregoing and the laws of your country of residence, children under 13 years of age may establish and utilize an Account provided that withVR is given the express written consent of their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your "Child") to use an Account on the Service, you hereby agree to the Terms of Service on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you, including without limitation, your Child's acceptance of the EULA for Games that are playable on the Service, any Game-specific terms of service or use, use of any registered payment instruments, as well as all of the terms of withVR's privacy policy.

8. User content

The Product may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials by e-mail or through online forums, message boards, social media platforms, messaging services, blogs or other functionality of the Product or portions thereof. withVR has no obligation to accept, display, review, maintain or otherwise exploit any user content. By posting user content to the Product, you represent and warrant that you have all rights, including under copyright, to do so, and that such content is not illegal, defamatory or pornographic. You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to withVR a worldwide irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Product or by any other means. You further hereby irrevocably grant to withVR the unconditional right to use and exploit your name, persona and likeness included in any user content and in connection with any user content, without any obligation to you. Except as prohibited by law, you waive any rights to attribution and/or any moral rights you may have in user content, regardless whether user content is altered or changed in a manner not agreeable to you. We have no obligation to monitor, verify, correct or remove user content, although we reserve the right to do so at our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other intellectual property or proprietary rights in any user content. You must not upload, share, or transmit sensitive information, including but not limited to PHI, FERPA-protected educational records, or other data regulated under applicable privacy laws, unless explicitly permitted and compliant with these laws.

9. Prohibited conduct

You agree not to engage in any of the following conduct through or in connection with the Product:

(a) interfere with or disrupt the Product or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Product;

(b) interfere with, disrupt or circumvent any security feature of the Product or any feature that restricts or enforces limitations on use of or access to the Product;

(c) use the Product to violate the law;

(d) use the Product to harm minors in any way;

(e) use the Product to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;

(f) defraud or mislead withVR or other users;

(g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

(h) create a withVR account by automated means or false pretenses or use any other user’s account for any purpose, including to circumvent a suspension or ban;

(i) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software programs or applications that are designed to modify the Product experience to the detriment of fair play; or

(j) submit false refund requests to withVR or any Platform Operator. withVR reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of this EULA or the Product and to take action as a result, which may include termination of your account and exclusion from further participation in the Product.

(k) use the Product to process or disclose sensitive data, including FERPA-protected educational records, in a manner that violates GDPR, HIPAA, or FERPA requirements.

10. Changes, suspension, or termination of the product

We reserve the right to add, change, suspend or discontinue the Product, or any aspect or feature of the Product, without notice or liability. You agree that we may alter the Product, which includes changing the various terms and changing or eliminating parts of the Product, without contacting you in advance. You agree that we may temporarily suspend the Product without prior notice. During any such period you may be unable to access any information you have stored on the Product. This may occur, for example, when we are conducting regular or emergency maintenance on the Product. The license is effective until terminated by you or withVR. Your rights under this EULA will terminate automatically without notice from withVR if you cease all use of the Product and delete all copies of the Product. You may, as a result of termination, lose your withVR account and all information and data associated with it, including virtual currency and virtual goods. You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under this EULA for any reason, whether by you or withVR. withVR reserves the right to refuse to keep accounts for or provide access to the Product to anyone.

No warranty. You acknowledge and agree that use of the Product is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the Product and any services performed or provided by the Product are provided "as is'' and "as available", with all faults and without warranty of any kind, and withVR hereby disclaims all warranties and conditions with respect to the Product and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third party rights. No withVR party warrants that the product, our servers or email sent from us are free of viruses or other harmful components. withVR does not warrant that the functions contained in the product, or performed or provided by the product, will meet your requirements, that the operation of the Product will be uninterrupted or error-free, or that defects in the Product will be corrected. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

Limitation of liability. to the extent not prohibited by law, in no event shall withVR be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the product, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if withVR has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury or of incidental or consequential damages, so this limitation may not apply to you.

In no event shall our total liability to you for all damages, including any incidental, special, or consequential damages, exceed the amount of fees paid by you during the twelve (12)-month period immediately preceding the event giving rise to your claim, regardless of the legal theory under which the claim arises. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. In the event of any failure of the Product to conform to any applicable Platform Operator warranty on the Platform Operator's applicable device or platform, you may notify and request a refund for the purchase price for the Product from the applicable Platform Operator.

You are responsible for damages incurred by withVR and our affiliates as a result of your use of the Product and agree to defend, indemnify and hold harmless withVR and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to the use of the Product and any breach of this EULA or any other policies posted on or in connection with the Product from time to time.

We reserve the right to suspend or terminate your access to the Product if we determine that your use violates GDPR, HIPAA, FERPA, or other applicable privacy laws. In such cases, we may also report violations to the relevant authorities.

11. Third party beneficiary

You acknowledge and agree that the Platform Operators are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, such parties will have the right to enforce this EULA against you as a third party beneficiary thereof.

12. Use with Minors and Student Data Privacy

The Product is not intended for unsupervised use by individuals under 18 years of age. When used with minors, including students, the Product must always be operated under the supervision and control of a responsible adult (e.g., a teacher, school staff member, or other authorized professional). Individuals under 18 are not required to create accounts or submit any personal information. Only the supervising professional is authorized to create an account, configure VR sessions, and enter any data into the Product.

The Product does not collect or process personally identifiable information (PII) directly from minors or students. Use of the Product with individuals under 18 is subject to compliance with all applicable privacy laws, including the Family Educational Rights and Privacy Act (FERPA) and relevant state-level education privacy laws.

The Product does not sell student data, serve targeted advertising, or use collected data for profiling or marketing. We implement data minimization and access controls and only collect information necessary for the operation of the Product. Educational institutions may request a signed Data Privacy Agreement (DPA) to ensure compliance with their district’s standards.

13. Support

You agree that withVR has no obligation to provide technical, maintenance or other support relating to the Product. You further agree that the applicable Platform Operator has no obligation whatsoever to furnish any technical, maintenance or other support services with respect to the Product. We may provide limited support to users who contact us through support@withvr.app; provided, however, that we may discontinue such support at any time.

14. Communications

You agree that withVR may send email to you for the purposes of informing you of upcoming events or offers, notifying you of changes to the Product, or for other purposes we deem appropriate.

In the event of a data breach affecting personal data or FERPA-protected records, we will notify affected users and relevant authorities as required by GDPR, HIPAA, or FERPA. Notifications will include the nature of the breach, the data affected, and measures taken to mitigate the issue.

Any questions relating to the Product should be directed to: hello@withvr.app

15. Disputes

As used in this EULA, "Dispute(s)" means any dispute, claim, demand, action, proceeding, or other controversy between you and withVR concerning the Product and your or withVR's obligations and performance under this EULA or with respect to the Product, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. "Dispute" will be given the broadest possible meaning allowable under law. You acknowledge that the Platform Operator is not responsible for addressing any disputes.

16. Applicable law and competent courts

This agreement is subject to Belgian Law. This agreement is subject to applicable privacy laws, including GDPR for users within the EEA, HIPAA for users in healthcare settings, and FERPA for users in educational settings. The parties expressly stipulate that the 1980 United Nations Convention on Contracts of the International Sale of Goods shall not apply. Any disputes between the parties relating to this agreement shall be submitted to the exclusive jurisdiction of Courts of the city of Ghent, Belgium.

17. Severability

If any of the terms or conditions of this EULA shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining port of this EULA.

18. Complete agreement

This EULA and any other policies posted on, in or in connection with the Product from time to time, including any withVR website, constitute the complete agreement between you and withVR with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and withVR.

By agreeing to this EULA, you acknowledge your responsibility to comply with all applicable data privacy regulations, including GDPR, HIPAA, and FERPA, and understand the limitations and obligations outlined in this agreement.

19. Data protection obligations

• User Responsibility: Users are responsible for ensuring that no PHI is uploaded or transmitted through the Product. The Product is not designed for processing such data.

• Product Safeguards: We implement appropriate technical and organizational measures, such as encryption and access controls, to protect personal data processed through the Product.

• Third-Party Processing: If you choose to integrate third-party services with the Product (e.g., AI tools), you are solely responsible for ensuring compliance with applicable data protection laws, including verifying the third-party's ability to meet relevant legal obligations. Any integration of third-party services is done at your own discretion and responsibility. withVR cannot be held liable for actions or practices of third-party providers, and we encourage users to review their privacy policies and compliance measures. If you are unsure whether a third-party service meets compliance requirements, we recommend seeking legal advice before integration.

• Data Minimization: You agree to limit the processing of sensitive data to what is strictly necessary and authorized under GDPR, HIPAA, or FERPA.

20. Survival

The provisions of this EULA which by their nature should survive the termination of this EULA shall survive such termination.

21. Waiver

No waiver of any provision of this EULA by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision.