1. Scope and use of the subscription
The subscription grants the Customer (being the legal entity that has taken out the subscription) the right to use SpaceVR’s services (“the Services”). The subscription may not be used by other people or organizations.
2. Acceptance of the subscription
The subscription terms for the Services are accepted by the Customer by approving the document and forward it from email to fred@spacevr.co. The approved terms and conditions will be the “Agreement”.
3. Duration and termination of the subscription
The monthly subscription runs annually at a time. from the date the Customer approves the terms and conditions, the minimum subscription period is 12 months.
The agreement cannot be terminated for a period of subscription already initiated and the Customer will not be entitled to a refund for that subscription period.
In the event of the Customer filing for bankruptcy, the subscription will be terminated, and all Services will be terminated immediately, unless otherwise specifically agreed in writing between the Parties.
4. Price and payment terms
The charges are listed on the Formal Quote. SpaceVR guarantees that no price increases will be introduced for the Services ordered at the time of commencement of the subscription other than those due to increases in the Retail Price Index.
SpaceVR will not be responsible for any loss, damage, costs, expenses or other claims of the Customer or any third party resulting from the suspension of the Services.
5. Operating stability
SpaceVR aims to provide the highest possible degree of operating stability, but is not responsible for any breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, broadband connections, software or the like. In all events, SpaceVR aims to re-establish normal operations as quickly as possible.
6. Maintenance of the System
SpaceVR is entitled to make operational changes to the System for improvements or otherwise (for example by developing or updating software) without giving the Customer prior notice. In some circumstances, it may be necessary to suspend access to the Services. Notice of such a suspension will be given to the Customer in advance. SpaceVR will not be responsible for any consequences of such a suspension where notice has been given.
7. Rights
The System remains the full property of SpaceVR. Individually customized software relating to the Services also remains the property of SpaceVR unless otherwise stipulated.
8. Liability of SpaceVR
SpaceVR has taken reasonable measures to ensure that the Services are virus-free but no warranty is given that the Services are free from infection from viruses etc., and SpaceVR shall have no liability if this is not the case. To the extent permitted by law, SpaceVR disclaims all warranties with respect to the Services, either express or implied, including but not limited to any implied warranties of suitability or health for any particular purpose.
SpaceVR shall not be liable to the Customer for any loss or damage caused (including business interruption) arising directly or indirectly, except to the extent that such liability may not be lawfully excluded under the applicable law. Except for death or personal injury caused by negligence of SpaceVR, its employees, agents or authorized representatives, for which no limit applies, SpaceVR’s liability will be limited to the lesser of the value of payments made by the Customer for the period of 12 months before the occurrence of the incident giving rise to the liability or $1,000 (one thousand US dollars).
9. Data Processing Agreement, privacy policy and Confidentiality
SpaceVR has taken the necessary technical and organizational security measures to prevent information saved by the Service from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorized party, being misused or otherwise treated in a way contrary SpaceVR’s privacy policy (see: https://spacevr.co/privacy-policy/).
SpaceVR is bound by secrecy in respect of any information received about the Customer and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.
10. Entire Agreement
These Terms together with the signed Formal Quote contain the entire agreement between the Parties and supersede all previous correspondence or communications whether written or oral. SpaceVR may amend these Terms as required from time to time provided that SpaceVR will give Customers no less than 20 days' written notice of such amendments and all such amendments will apply to the next renewal of the subscription.
11. Disputes
These Terms shall be governed by and construed in accordance with the laws of USA and the CA Courts shall have exclusive jurisdiction to determine any dispute concerning these Terms or the subject matter of these Terms.
January 30th, 2021.
