Please review these Terms carefully, considering that they affect your rights. By using the VRwecare services, you agree to and are bound by these Terms. You may not use the VRwecare services if you (A) do not agree to these Terms, (B) are under (i) 18 years of age or (ii) the legal age of entering into a binding agreement with us, or (C) are prohibited to use or otherwise access our website or any of our website content, products or services by any applicable law.
These Terms cover your use of the VRwecare Service, a digital healthcare product that consists of a VRwecare virtual reality hardware (headset) and software (applications), including the related content (hereinafter collectively referred to as the Service). These Terms may be amended by VRwecare at any time without prior notice at our sole discretion.
2. Medical Disclaimer
a) It is your responsibility to consult a doctor or other healthcare professional prior to using the Service as well as to review the health and safety warnings that VRwecare provided with the virtual reality headset. Virtual reality is a technology creating immersive experiences that can cause nausea, vertigo, anxiety as well as other types of discomfort or physiological distress. Before using the Service, make sure to consult your doctor, particularly if you are of advanced age, suffer from any medical condition, have an impaired sense of balance or motion, or are pregnant.
VRWECARE HEREBY EXPLICITLY 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 HARDWARE OR SOFTWARE.
b) VRwecare is not a healthcare provider or a medical device manufacturer. Our Service should by no means be considered medical advice. Specifically, to the fullest extent allowed by the law, VRwecare makes no representation or warranty as to the accuracy, completeness, or suitability for any purpose of the recommendations, content, materials, or any information provided as part of the Service. THE INFORMATION PROVIDED WITHIN THE SERVICE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR CONDITION. IF, WHILE USING OUR SERVICE, YOU EXPERIENCE ANY DISTRESS OR DISCOMFORT, DISCONTINUE USING THE SERVICE AND CONTACT A HEALTHCARE PROFESSIONAL. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER.
3. End User License
Subject to these Terms, VRwecare grants you a limited, non-exclusive, revocable license for personal non-commercial use of the Service.
The Service includes or incorporates material of a copyrighted or proprietary nature or other intellectual property of VRwecare and/or its licensors. VRwecare and/or its licensors retain all rights, title, and ownership in respect of the Service, as applicable. The right to download and use the Service is licensed to you. This right is not sold to you, and you have no right to the Service other than the right granted in compliance with these Terms.
You agree that you will not and will not enable, assist, or allow any third parties to:
- Copy, distribute, reproduce, transfer, transmit, store, modify, amend, decompile, emulate, disassemble the Service in any manner, or perform any reverse engineering of the Service, or create any derivative products of the Service.
- Use the Service or any component thereof to develop any tool or software that can be used to develop other software products of any nature whatsoever.
- Sell, distribute, make available to the public in any manner, rent, lease, or otherwise allow public access to the Service or any component thereof.
- Interfere or tamper with the Service or bypass any measure or technology implemented by VRwecare and/or its licensors to protect any content that can be accessed via the Service.
- Bypass any territorial restrictions applicable to the Service.
- Use the Service in violation of these Terms.
You may not make the Service or any component thereof available to the public. The ownership of the Service and any components thereof remain with VRwecare and/or its licensors. Any use of the Service by you must be in compliance with these Terms.
Some components of the Service may use or include third-party software products available under open-source and third party license conditions (hereinafter, “Third Party Software”). You shall agree and acknowledge that your right to use such Third Party Software within or in connection with the Service is subject to and is regulated by the terms of such open-source or third party license applicable to such Third Party Software, including, but not limited to, any applicable acknowledgements, license terms and disclaimers contained therein. Should the Term conflict with the term of such Third Party Software, the terms of open-source or third-party license shall prevail.
While using the Service, you may offer your comments, ideas, recommendations, or suggestions concerning the Service to VRwecare. You hereby agree that VRwecare may use such comments, ideas, recommendations, or suggestions without restrictions or any obligations to you.
4. Prohibited Use
You hereby agree not to post, upload, send by email or other communication channels, transmit or implement any content or software that contains viruses, malware or other programming code, files, or programs intended to damage, destroy, interrupt, interfere with, harm, or otherwise limit the functionality of any software or hardware connected directly or indirectly to the Service. You hereby agree not to tamper with the servers and/or networks underlying the Service or connected to it, or violate any policies, rules, regulations, or procedures of the networks connected to the Service. You may not access the Service in an unauthorized manner.
You hereby agree not to imitate or impersonate any other person in the use of the Service. You also agree not to display any offensive behavior in the use of the Service and not to use the Service for any illegal, destructive or immoral purpose.
Breaching any provisions of this section may constitute a criminal offense under the applicable law. If we detect any such breaches, we retain the right to report them to the responsible law enforcement authorities and disclose your identity to them if so required. In the event of such a breach, your right to use the Service is discontinued with immediate effect.
You hereby agree not to use the Service for any scientific, research, analytical, or similar purposes unless you obtain an explicit written consent from VRwecare to do so.
6. Limitation of Liability
VRWECARE SHALL NOT BE LIABLE TO YOU BASED ON ANY CLAIMS, WHETHER ARISING FROM ANY BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT, THE VRWECARE PRODUCT OR SERVICE, AND/OR ANY OTHER PRODUCTS OR SERVICES THAT VRWECARE PROVIDES TO YOU. ADDITIONALLY, IN NO EVENT SHALL VRWECARE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT EVEN IF WE HAVE BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE.