PLEASE READ THESE LICENCE TERMS CAREFULLY
BY INSTALLING AND USING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT INSTALL OR USE THE APP.
We, Future Performance Technology Limited of Sheffield Technology Parks, The Cooper Buildings, Arundel Street, Sheffield, S1 2NS, United Kingdom, license you to use:
· The ViPER application software for the Oculus virtual reality platform, the data supplied with the software, (App) and any updates or supplements to it.
· The related electronic documentation (Documentation).
· The online portal at https://www.portal.futureperformance.tech on which you can view your account (applies to paid subscriptions only) (ViPER Portal)
· The service you connect to via the App and the ViPER Portal, and the content we provide to you through them (Service).
as permitted in these terms.
In providing the Service, we will anonymise and aggregate data about how you use the App and the results you receive from it, which we will use to:
· draw conclusions from it;
· develop new features or add-ons to the Service;
· develop and/or offer new products or services;
· create data sets, databases or analyses from it,
but you are not personally identifiable from this data.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Third party terms also apply
The ways in which you can use the App and Documentation may also be controlled by the rules and policies of third parties other than Future Performance Technology. These include:
· Facebook, Inc. The terms for Facebook Inc’s virtual reality application store (Oculus).
Operating system requirements
The App requires:
· compatible virtual reality hardware (Oculus Quest 2)
· prior set up of your compatible virtual reality hardware so that you can access the App via the Oculus app store.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or the Service or have any problems using them, please contact us at firstname.lastname@example.org.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at email@example.com.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
· download a copy of the App onto your compatible devices and view, use and display the App and the Service on such devices for your personal purposes only;
· use any Documentation to support your permitted use of the App and the Service; and
· receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
You must be 18 to accept these terms and buy the app
You must be 18 or over to accept these terms and buy the App.
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will notify you of a change when you next start the App.
If you do not accept the notified changes, you will not be permitted to continue to use the App and the Service.
Update to the App and changes to the Service
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We may collect technical data about your device
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
We do not collect location data
We do not collect location data from your device.
We are not responsible for other websites you link to
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
· not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
· not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
· not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
· not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
o is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
o is not used to create any software that is substantially similar in its expression to the App;
o is kept secure; and
o is used only for the Permitted Objective;
o comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
Acceptable use restrictions
· not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
· not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
· not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
· not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
· not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
Terms of service
Our contract with you. Our contract with you will come into existence when you subscribe to the Service.
We only contract with adults. We do not provide the App or Services to children (if you are not an adult but are 13 years of age or older, you may use the App and Service with the consent of your parent or guardian and must ask them to install the App and subscribe to the Services on your behalf).
Health and safety. Your use of our App and Services is conditional on your reading and following the health and safety warnings provided with your virtual reality hardware. The health and safety warnings applicable to various hardware are available here:
You must not use the App or Services if you are experiencing any of the following:
· Tiredness or exhaustion;
· Lack of sleep;
· Influence of alcohol or drugs;
· Digestive problems;
· Emotional stress or anxiety;
· Cold, flu, headaches, migraines, earache, or any other illness.
Pre-existing medical conditions. You must consult your doctor before using the App or Services if you are pregnant, elderly, infirm, have pre-existing binocular vision abnormalities or psychiatric disorders, or suffer from a heart condition or other serious medical condition.
Space and surroundings. Your virtual reality hardware and our App are designed to track your movement while you use them, and to model your physical actions in the virtual world as you move in the real world. You must therefore take appropriate action and precautions to ensure that you stay safe and are not injured. You must always be aware of your surroundings and you must create and maintain a safe space in which to use your virtual reality hardware and our App. Examples of safe practices include (but are not limited to):
· Only using your virtual reality hardware and our App indoors;
· Clearing a safe area all around you, including overhead (serious injuries can result from tripping or colliding with walls, furniture, objects and people;
· Avoiding using your virtual reality hardware and our App in or near environments that could cause injury or which include objects, animals, or other things that could cause injury through tripping, falling, colliding, striking, loss of balance or other unsafe physical interactions, such as:
· Rugs or other floor coverings;
· Open doorways;
· Open flames or sources of heat;
· Ceiling fans or light fittings;
· Televisions, monitors or other electronic or electrical items.
Where to find the subscription price. Our subscription charges (which include VAT) will be as indicated to you as part of the subscription process.
Increases in charges. We may increase our charges from time to time and will give you the opportunity to terminate your subscription before we do so.
We are not responsible for delays outside our control. We do not guarantee the availability of the Services. However, if our supply of the Services is significantly delayed or prevented, or your use of the App is prevented, by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the delay or lack of availability. Provided we do this we will not be liable for delay or lack of availability, but if the Services are significantly disrupted you may contact us to end your subscription and receive a refund for any Services you have paid for but not received.
Your rights if we suspend the supply of the Services. We will contact you in advance via the App, by email or by SMS (using the contact details you have provided to us) to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than 48 hours in any 28 day period we will adjust the price so that you do not pay for Services while they are suspended. You may contact us to end your subscription if we suspend the Services, or tell you we are going to suspend them, in each case for a period of more than 48 hours and we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract.
We may also suspend supply of the Services if you do not pay. If you do not pay us for the services when you are supposed to (not applicable to free subscriptions) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not charge you for the Services during the period for which they are suspended. As well as suspending the Services we can also charge you interest on your overdue payments.
· If what you have bought is faulty or misdescribed you may have a legal right to end the contract, see “Summary of your legal rights” below;
· If you want to end the contract because of something we have done or have told you we are going to do, see “Ending the contract because of something we have done or are going to do” below;
· If you have just changed your mind about the Services, see “Exercising your right to change your mind” below. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
· In all other cases (if we are not at fault and there is no right to change your mind), see “Ending the contract where we are not at fault and there is no right to change your mind” below.
Ending the contract because of something we have done or are going to do. If you are ending a contract for one of the following reasons, the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation:
· we have told you about an upcoming change to the Services or these terms which you do not agree to;
· we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or
· you have a legal right to end the contract because of something we have done wrong).
· You have 14 days after the day we email you to confirm your subscription. If you cancel after we have started providing the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind;
· If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the Services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see above), you can still end the contract at the end of a subscription period (as selected by you when you subscribed) by choosing not to renew your subscription.
How to end the contract with us (including if you have changed your mind). To end the contract with us, you can either choose not to renew your subscription or please email our customer service team at firstname.lastname@example.org.
How we will refund you. We will refund you any subscription fees due to you, by the method you used for payment. However, we may make deductions from the price, as described above.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
Summary of your legal rights. We are under a legal duty to supply services and digital content that are in conformity with this contract. Your key legal rights are as follows:
· The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality; if it is faulty, you’re entitled to a repair or a replacement. If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation;
· In relation to services, the Consumer Rights Act 2015 says you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
· Nothing in these terms will affect your legal rights.
We may end the contract if you break it. We may end the contract at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due. If we do this, we will refund any money you have paid in advance for the Services.
We do not guarantee any particular results from using the App or the Services
The App and Services are designed to supplement real world coaching and training, by providing information and insight on your performance and technique. The App and Services are no substitute for, and will not replace, professional real-world coaching and training or personal effort, dedication or natural ability.
We do not warrant of guarantee that use of the App or Services will achieve any particular result or improvement, or that it will result in your achieving any particular goal, promotion, selection for, or engagement by, a team (whether professional or amateur) or that it will result in any financial, career or other benefit.
Getting the most from the App and Services requires regular, consistent and repeated use, together with a paid subscription in order to store performance data from training sessions and to view it over time.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
You should keep your account details secure. Where you have created or been provided with a username or password to access the App or the Services, you should keep those details confidential and not disclose them to any other party.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site and in the Documentation) meet your requirements.
We may end your rights to use the App and the Services if you break these terms
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
· You must stop all activities authorised by these terms, including your use of the App and any Services.
· You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
· We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.