Terms of Service

Terms
of Use

Posted 04/28/2020

1.Introduction

Welcome to MeetinVR (“Company”, “we”, “our”, “us”)! As you have just clicked to our Terms of Service, please make a pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

“Customer”, “you”, “yours” etc. shall mean a free trial user or subscriber of the Service provided by the Company.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our services located at www.meetinvr.com and our mobile/VR application MeetinVR (together or individually “Service”) operated by MeetinVR , COC-no 86940287, Demkaweg 11, 3555HW Utrecht, Netherlands.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose personal data that results from your use of our Service and web pages. Please read it here www.meetinvr.com/privacy-policy/.

Your agreement with us includes these Terms, the Data Processing Agreement and our Privacy Policy (“Agreements”), which are all connected to your use of our Service. By subscribing to our Service, you acknowledge that you have read, understood and accepted the Agreements.

It is voluntary to accept the Agreements. However, you must accept the Agreements if you wish to use or subscribe to our Service. If you do not accept the Agreements, we cannot make the Service available to you. If you have any questions to the Agreements, please let us know by emailing at [email protected] so we can try to find a solution.

The Agreements apply to all visitors, users and others who access or use the Service.

Thank you for being responsible.

2.Software

Our Service is made available as software as a service (SaaS) at www.meetinvr.com. Our Service is provided in the standard version applicable at any time and not configured to individual needs unless specifically agreed in a written agreement with us. Hardware is placed in an operation center with us and/or with a third-party supplier appointed by us.

You understand and accept that our Service is made available “as is” and in constant development and improvement. We will, on an on-going basis, update and upgrade the Service. We do not warrant that the Service will work without any interruptions or discontinuations or that the Service will always work perfectly. Further, we do not warrant the quality or any specific result or outcome from your use of the Service or any related services.

You and your licensed users must use the Service in accordance with the Agreements (as made available from time to time on www.meetinvr.com) and other instructions provided by us with respect to use of the Service and any underlying software.

3.License

By subscribing to our Service, and within the scope of the Agreements, you acquire a limited, non-exclusive, non-transferable right to access and use the Service and any related services provided by us. With due respect of any third-party rights, we have and will maintain the full, undivided and unrestricted rights of ownership and/or use of all aspects of the Service. See also section 16 of these Terms on Intellectual Property.

You will be able to choose the number of user accounts covered by your license in connection to the subscription process. You agree that you will not try to break the technical limitations of the Service or at any time try to create more user accounts or otherwise permit more users to access the Service.

4.Creation And Use Of Accounts

When you create an account with us, you warrant that the information you provide us is accurate, complete, and up-to-date at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service. By subscribing to the Service, you warrant and represent that you have the full authority, right, and capacity to enter into the Agreements and abide by these Terms.

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.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

If you or one of your authorized users use the Service in violation of these Terms, we are entitled to exclude such user from the Service. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

See also section 13 on prohibited uses.

5.Communications

By subscribing to our Service, you and your authorized users agree to receive newsletters, marketing or promotional materials and other information we may send concerning the Service and similar products and services from the Company. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email protected].

6.Purchases

If you wish to purchase any product or service made available through our Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or terminate your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or terminate your order if fraud or an unauthorized or illegal transaction is suspected.

7.Subscriptions And Fees

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis depending on the type of subscription plan you select when purchasing a Subscription.

Prices, number of users etc. are stated on the sign-up page when you make the Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or the Company terminate the Subscription prior to the beginning of a new Billing Cycle. You may terminate your Subscription prior to renewal either through your online account management page or by contacting the Company’s customer support team. In case you terminate your Subscription, your Subscription will be terminated with effect from the end of the relevant Billing Cycle (i.e. a new Billing Cycle will not commence). If you have a Free Trial (as defined below), your Subscription will be terminated with effect from the end of the relevant Free Trial period.

A valid payment method, including credit card, is required to process the payment for your subscription. You must provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize the Company to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

8.Free Trial

The Company may, in its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You are required to enter your billing information in order to sign up for Free Trial.

However, even if you enter your billing information when signing up for Free Trial, you will not be charged by the Company for subscribing to the Service until the Free Trial has expired. When the Free Trial period expires, and unless you have terminated your Subscription, you will automatically be charged the applicable Subscription fees for the type of Subscription you have selected

At any time and without notice, the Company reserves the right to (i) modify Terms of the Free Trial offer, or (ii) cancel such Free Trial offer.

9.Fee Changes

We may in our sole discretion and at any time modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective in the next Billing Cycle.

The Company will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of our Service after a Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

10.Refunds

Except when required by law, paid Subscription fees are non-refundable. If you terminate your Subscription in the middle of a Billing Cycle you will still be charged for that full Billing Cycle – but you will not be charged for a new Billing Cycle (see also section 7).

11.Prohibited Use

You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use our Service:

(a)In any way that violates any applicable national or international law or regulation.

(b)In any way that violates the intellectual property rights of the Company or others (see also our “Copyright Policy” in section 15).

(c)For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

(d)To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(e)To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

(f)In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(g)To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

(a)Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

(b)Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

(c)Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

(d)Use any device, software, or routine that interferes with the proper working of Service.

(e)Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(f)Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

(g)Attempt to sell, rent, lease, distribute, sublicense, transfer, lend or otherwise make the Service available to third parties.

(h)Improperly delete, remove, decompile, reverse engineer, reverse compile, modify, translate, or make any similar changes to the Service, or any server, computer, or database connected to Service.

(i)Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

(j)In any way for commercial purposes or in a disloyal way link (actively or passively) to the Service or take any other action that may damage or falsify the Company’s rating or reputation.

(k)Otherwise attempt to interfere with the proper working of Service.

12.Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark rights, and other laws on intellectual property and protection of trade secrets. Our intellectual property rights may not under any circumstances be used in connection to or together with any product or service without the express, prior written consent of the Company. Breaches of the Company’s intellectual property rights can be met with injunctions and claims for damages and compensation.

13.Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through our Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through our Service.

14.Third-party Contents And Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through our Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites, Promotions or services.

We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.

15.Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on 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 [email protected] with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.

16.Error Reporting and Feedback

We are not liable for any interruptions in the Service caused by third party software or by transmission of data between our operation center and your or your licensed users computers/devices and internet domain(s) unless such interruptions are caused by errors in the Service itself.

We will use our reasonable best efforts to remedy identified errors in our Service. We will do our reasonable best to remedy critical errors, such as errors that involve unavailability or very limited availability of the Service, without undue delay. Non-critical errors will be remedied within a reasonable period.

We offer online support through our “MeetingVR Help Center”, which is powered by Jira Service Desk. Jira Service Desk is a collaborative IT Service Management solution provided by Atlassian Inc. Please read their Privacy Policy here: www.atlassian.com/legal/privacy-policy.

If your question is not covered, you can contact our IT Support at [email protected].

You may provide us either directly at [email protected] or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

17.Disclaimer Of Warranty

These services are provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.

Neither we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

We hereby disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

18.Limitation Of Liability

The Company’s obligation to compensate through damages and/or proportionate reduction of the monthly license fee or other fees is subject to the following limitations:

(A)The Company is at no time liable for and must at no time bear any part of the risk for the quality of any assessments, analysis interpretations, work results or output generated by using the Service.

(B)The Company shall not pay damage or compensate the Customer for any indirect or consequential loss, including, but not limited to, loss of expected earnings, expenses for remedial action of damage to or errors in data uploaded by the Customer, internal time spent by the Customer or third parties hired by the Customer on remedial actions, loss or reconstruction of data, or any loss resulting from the cover of purchases made.

(C)The maximum compensation which the Company may be ordered to pay to the Customer under the service license agreement cannot exceed the highest amount of either (i) the total license fee paid during the latest twelve (12) months prior to the month in which the damage has occurred or (ii) Euro 5000.

19.Termination Or Suspension Of Accounts

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

See also section 11 on “Prohibited Use”.

20.Force Majeure

The Company is not liable for any delay or defects caused by circumstances beyond the Company’s reasonable control (“force majeure event”), including in the event of mobilization, war, disease (epidemics and pandemics), natural disasters, strikes/lockouts, public orders, restrictions with respect to use of power and/or communication lines, including power blackout and breakdown of communication lines, which the Company could not reasonably have foreseen, avoided or overcome. In the event of force majeure, the Company’s obligations are suspended as long the force majeure event prevents the Company from fulfilling such obligations.

21.Governing Law

These Terms and the Privacy Policy shall be governed and construed in accordance with the laws of the Netherlands without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms and the Privacy Policy will not be considered a waiver of those rights. If any provision of these Terms or the Privacy Policy is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and the Privacy Policy will remain in effect. These Terms and the Privacy Policy constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding our Service.

22.Changes To Our Service

We reserve the right in our sole discretion to withdraw or amend our Service and any service or material we provide via Service without notice. We will not be liable if for any reason all or any part of our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

23.Amendments To Terms

We may amend the Agreements at any time by posting amendments on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised the Agreements means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Service.

24.Waiver And Severability

No waiver by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

25.Assigment

You are not entitled to assign any rights and obligations under these Terms to any third party without the prior written consent of the Company.

The Company is entitled to assign rights and obligations under these Terms with prior written notice to you.

26.Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

27.27. Contact Us

Please send your feedback, comments, requests for technical support:
By email: [email protected].