Terms of Service for [service name]

[version number], effective [effective date]

[service name] (the “Service”) is a new, preview service that allows you to set up and manage your own set of real-time communications platforms for virtual reality, augmented reality, desktop, laptop, or mobile. It is available as a paid subscription service.

These Terms of Service explain your rights and responsibilities when you use [service name]. By purchasing and using [service name], you assure [company name] that you have read these terms and agree to them. If you agree to these terms on behalf of an entity, such as your employer, you represent that you are authorized to and intend to bind that entity. The legacy version of [service name] is currently still available and is governed by these Terms of Service with the exception of Section 1 for Subscribing to [service name].

Subscribing to [service name]

You’ll Need A [company name] Account

A [company name] account is required to use the Service. To create a [company name] account, you will also need to agree to the Terms of Service and Privacy Notice for your [company name] account.

Your Payment

Payment: We offer the Service as an automatically renewing subscription service. When you sign up, you authorize us to charge the payment method you provide for the subscription fees for the first term of the Service. Your plan renews automatically at the end of each term, and you authorize us to charge the subscription fees each term. If you stop paying, we will immediately suspend your account, and we may delete it after 2 months of not paying.

30-Day Refund Policy: The first time you subscribe to the Service through [company name]’s website, if you cancel your account within the first 30 days, you may request a refund and [company name] will refund your first subscription term. This offer only applies the first time you subscribe. This is in addition to any rights you may have under your country’s consumer laws.

You May Cancel Your Subscription at Any Time

Cancellation: You may cancel your subscription to the Service at any time by deactivating your account and canceling your subscription. You can do this by clicking the “Cancel Subscription” link in any email that we send you about the Service or by going to the Subscriptions & Payments section of your [company name] account and clicking “Cancel.” If you choose to cancel, auto-renewal will stop, we will not charge you for any future payment periods, and you will lose access to the Services at the end of the current billing cycle.

Communications and Content

[service name] allows your users to send information (such as audio, video, text, images, 3D models, and scenes) to other users.

By signing up for and creating your [service name], you agree to give [company name] all rights necessary to operate [service name]. You also assure [company name] that you have, or have obtained, the rights and authority necessary to grant [company name] all rights and permissions necessary for the operation of [service name]. This includes, but is not limited to, a license and permission to process, transmit, and display the information you and your users send through [service name]. It also includes permission to gather and share information as described in the [service name] Privacy Notice.

When you and your users submit information to [service name], the original creator of that information continues to own the rights to their content. You grant [company name] a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display that information, audio, video, images, or 3D models for the purpose of operating [service name]. You also agree that we may remove metadata associated with the information or data you submit. If you or one of your users allows remixing of a scene or avatar, you agree to license that scene or avatar under a CC-BY 3.0 license.

To learn more about how [service name] operates, you can see the source code.

Any ideas, suggestions, and feedback about [service name] that you provide to us are entirely voluntary, and you agree that [company name] may use such ideas, suggestions, and feedback without compensation or obligation to you.

You are responsible for the information you and your users send, create, or edit using [service name], and the consequences of sending, creating, or editing that information.

Privacy: You are responsible for the privacy of the individuals who use your [service name]. This includes compliance with all applicable privacy laws. The [service name] Privacy Notice explains how [company name] receives and handles data to operate the Service.

[company name] is a global organization, and our computers and service providers’ computers may be in various countries around the world, including the United States. This means that your information and your users’ information might be processed on servers located outside of the country where you and your users live, and that country may have a different level of data protection regulation than yours. By using the Service, you assure [company name] that you consent to this kind of transfer of users’ information and that you have obtained necessary consent from the individuals who use your [service name].

Conditions of Use

By using [service name], you agree that you will comply with [company name]’s Acceptable Use Policy. [company name] reserves the right to remove any content, suspend any users, and shut down any Hub or individual room it reasonably believes has violated these conditions.

Eligibility: To use the paid subscription service, you must be in a country where [service name] is available. [service name] is currently available in [list of countries].

Your Use of [service name]: If you have a current, paid subscription to [service name], [company name] gives you permission to use it according to these Terms of Service. You may not transfer or resell the [service name] Service. A purchased license only extends to the person or entity who owns the [company name] account associated with the [service name] instance.

With a paid subscription, you may have up to 25 users per [service name] room and up to 2GB of storage space for your [service name].

Legal Compliance: Depending where you and your users live and where you make your [service name] available, you may be subject to certain laws and regulations, in particular data privacy laws. It is your responsibility to be aware of any laws and regulations that may apply to your [service name]. Between you and [company name], you are solely responsible for ensuring the way you handle data is in full compliance with all applicable laws and regulations. To learn more about how [service name] operates, you can see the source code.

[company name]’s Rights

[company name] does not grant you any intellectual property rights in [service name] unless these Terms specifically say otherwise. For example, these Terms do not provide the right to use any of [company name]’s copyrights, trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

[company name] distributes the [service name] software under an open source license. To learn more, you can read the license for [service name] or read the FAQ.

Services Interruption; Term; Termination

We are continuing to develop [service name]. As a result, we plan to upgrade and change [service name] over time. To do this, we might have to temporarily suspend their service and it is not always possible for us to give notice. You will not be entitled to claim expenses or damages for such suspension or limitation of the use of [service name].

We may cut off your access to [service name], either temporarily or permanently at any time for any reason. This includes, but is not limited to, situations where we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for [company name]; or (iii) providing and operating [service name] is no longer commercially viable. If possible, we will make reasonable efforts to notify you through [service name].

In all such cases, these Terms shall terminate, including, without limitation, your license to use Hubs, except that the sections with the following titles shall continue to apply: Indemnification, Disclaimer; Limitation of Liability and Miscellaneous.

Indemnification

You agree to defend, indemnify and hold harmless [company name], and its respective parent and affiliate companies, contractors, contributors, licensors, partners, directors, officers, employees and agents (“Indemnified Parties”) from and against any and all third party claims and expenses, including attorneys’ fees, arising out of or related to your use of [service name]. This includes, but is not limited to, claims and expenses from any content you or your users transmit, edit, or create using [service name].

Disclaimer; Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, [company name] HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SERVICES ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGING.

YOU BEAR THE ENTIRE RISK AS TO SELECTING THE SERVICES FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE RISK THAT YOUR CONTENT IS DELETED OR CORRUPTED. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

EXCEPT AS REQUIRED BY LAW, [company name] WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE COLLECTIVE LIABILITY OF [company name] UNDER THIS AGREEMENT WILL NOT EXCEED $500 (FIVE HUNDRED DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

Modifications to These Terms

[company name] may update these Terms from time to time. We will post the updated Terms online. If the changes are substantive, we may announce the update through [company name]’s usual channels for such announcements such as blog posts, forums, or in the particular service itself, in this case: [service name].

Your continued use of [service name] after we post the new Terms constitutes your acceptance of the new Terms. To make your review more convenient, we will post an effective date at the top of this page.

Contact Us

For support, to provide feedback, or to report abuse of [service name] or violations of the Conditions of Use, you can email us at [contact email address].

You can see our copyright or trademark infringement claims policy.

For other notices, you may email us at or write to us at [company name] Corporation
Attn: [company name]– Legal Notices
[company address]
[state, county]

[legal department email address]

If there is a conflict or ambiguity between a translated version of these terms and the English language version, the English language version applies.