End User License Agreement
Last updated: [21 January 2024]
Quick links: We recommend that you read this End User License Agreement in full to ensure you are fully informed. However, if you only want to access a particular section of this End User License Agreement, then you can click on the relevant link below to jump to that section.
Who we are and what this agreement does
If someone else owns the phone or device you are using
We may collect technical data about your device
How we may use your personal information
1. Who we are and what this agreement does
1.1 This license agreement ("License") is a legal agreement between you ("you") and Bodyswaps US, Inc. ("Licensor", "us" or "we") for:
1.1.1 Bodyswaps v1 software, the data supplied with the software and any updates or supplements to it (collectively, "Software");
1.1.2 the related online documentation ("Documents");
1.1.3 the service you connect to via the Software and the content we provide to you through it ("Service"), as permitted in these terms. The Service allows you to access virtual reality simulation content for soft skills training purposes.
1.2 We license use of the Software and Documents to you on the basis of this License, whether you are a customer that has purchased a License to use the Software from us ("Customer") or whether you are an authorized user of the Customer ("Authorized User"). In this License, references to "you" shall mean the Customer and/or Authorized User as the context requires. We do not sell the Software, Service or Documents to you. We remain the owners of the Software, Service and Documents at all times.
2. Grant and scope of License
2.1 In consideration of payment by you (where you are a Customer) of the agreed License fee and you (and your Authorized Users) agreeing to abide by the terms of this License, we grant to you and your Authorized Users a non-exclusive, non-transferable, non-sublicensable, non-transferable License to use the Software, Service and the Documents on the terms of this License.
2.2 You may:
(a) download and install the Software onto such number of computer or handheld devices that you have a user subscription for and view, use and display the Software and the Service on such devices for your internal business purposes only;
(b) receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as may be provided by us from time to time; and
(c) use any Documents in support of the use permitted under this clause 2.2 and make up to two (2) copies of the Documents as are reasonably necessary for its lawful use.
3. Restrictions
3.1 Except as expressly set out in this License or as permitted by any local law, you agree that you will:
(a) not rent, lease, sublicense, loan, provide, or otherwise make available, the Software or the Service in any form, in whole or in part to any person;
(b) not copy the Software, Documentation or Service, except as part of the normal use of the Software or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the Software, Documentation or Service nor permit the Software or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Software and the Service on devices as permitted in this License;
(d) not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Software or the Service nor attempt to do any such things;
(e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Software or any Service.
4. Intellectual property rights
4.1 You acknowledge that all intellectual property rights in the Software, Service, and the Documents anywhere in the world belong to us, that rights in the Software, Service, and Documents are licensed (not sold) to you, and that you have no rights in, or to, the Software, Service, or the Documents other than the right to use them in accordance with the terms of this License.
4.2 You acknowledge that you have no right to have access to the Software in source code form.
5. Limited warranty
5.1 To the extent permitted under applicable law, we provide no warranties (whether implied or otherwise) to you in relation to the Software, Service, or the Documents under this License, and all such warranties are excluded. Please refer to the order form and our standard conditions under which you paid the purchase price for the Software, Service, and Documents for details of any warranties provided.
6. Operating System Requirements:
6.1 This Software requires a:
6.1.1 Meta Quest 1 or 2 (Consumer), HTC Vive Focus+, HTC Vive Focus 3 or Pico Neo 2, 3 & 4 virtual reality headset with latest operating system update installed, or;
6.1.2 Windows compatible PC with a minimum of 8GB of memory, 2.5GB free storage, Intel i5 processor or better, GLES3.2 compatible GPU and the 64bit Windows 10 operating system with external or built-in microphone, or;
6.1.3 Android mobile or tablet with minimum Quad Core CPU + OpenGLES 3.2 GPU SoC, Android N 7.1 OS or better, 4GB RAM, 800MB free storage, gyroscope, microphone and speaker, or;
6.1.4 iOS module (iPhone 6S or newer) or tablet (iPad 8th Gen or better) with iOS11 or more recent, and 800MB free storage; and
6.1.5 Internet connection of 0.36Mbps per device.
6.2 These requirements can be updated from time to time. Updates can be found here: https://support.bodyswaps.co/knowledge/minimum-hardware-requirements
7. Limitation of liability
7.1 You acknowledge that the Software and the Service have not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documents meet your requirements.
7.2 We only supply the Software, Service and Documents for internal use by your business, and you agree not to use the Software or Documents for any re-sale purposes.
7.3 We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the License for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; where any of the losses set out in clause 7.3(a) to clause 7.3(e) are direct or indirect; or (f) any special, indirect or consequential loss, damage, charges or expenses.
7.4 Other than the losses set out in clause 7.3 (for which we are not liable), our maximum aggregate liability under or in connection with this License whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the total subscription fees paid by you in relation to the Software, Documentation and Service. This maximum cap does not apply to clause 7.5.
7.5 Nothing in this License shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability that cannot be excluded or limited by applicable law.
7.6 This License sets out the full extent of our obligations and liabilities in respect of the supply of the Software, Service and Documents. Except as expressly stated in this License, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software, Service and Documents which might otherwise be implied into, or incorporated in, this License whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
8. Termination
8.1 We may terminate this License immediately by written notice to you if you commit a material or persistent breach of this License which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
8.2 On termination for any reason:
(a) all rights granted to you under this License shall cease;
(b) you must immediately cease all activities authorized by this License; and
(c) you must immediately and permanently delete or remove the Software from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Software and Documents then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
9. Communications between us
9.1 We may update the terms of this License at any time on notice to you in accordance with this clause 9. Your continued use of the Software and Documents following the deemed receipt and service of the notice under clause 9.3 shall constitute your acceptance to the terms of this License, as varied. If you do not wish to accept the terms of the License (as varied) you must immediately stop using and accessing the Software and Document on the deemed receipt and service of the notice.
9.2 If we have to contact you (the Customer), we will do so by email or by pre-paid mail to the address you provided in accordance with your order of the Software.
9.3 Note that any notice:
(a) given by us to you will be deemed received and properly served 24 hours after it is first posted on our website, 24 hours after an email is sent, or three days after the date of mailing of any letter; and
(b) given by you to us will be deemed received and properly served 24 hours after an email is sent, or three days after the date of mailing of any letter.
9.4 In proving the service of any notice, it will be sufficient to prove, in the case of posting on our website, that the website was generally accessible to the public for a period of 24 hours after the first posting of the notice; in the case of a letter, that such letter was properly addressed, stamped and placed in the mail to the address of the recipient given for these purposes; and, in the case of an email, that such email was sent to the email address of the recipient given for these purposes.
10. Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this License that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 10.2.
10.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks, pandemic, epidemic or compliance with any law or governmental order, rule, regulation or direction.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this License:
(a) our obligations under this License will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this License may be performed despite the Event Outside Our Control.
11. If someone else owns the phone or device you are using
If you download or stream the Software 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.
12. We may collect technical data about your device
By using the Software or any of the Service, you agree to us collecting and using technical information about the devices you use the Software on and related software, hardware and peripherals to improve our products and to provide any Service to you.
13. How we may use your personal information
Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of those individuals who use the Software and the Documents and for what purposes and those individuals’ rights in relation to their personal data and how to exercise them. This information is provided in https://bodyswaps.co/privacy-policy and it is important that you read that information.
14. Acceptable use restrictions
You must:
(a) not use the Software 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 Software, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the Software or any Service (to the extent that such use is not licensed by these terms);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software or any Service;
(d) not use the Software or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) 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.
15. Changes to these terms
15.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. If we do make any such changes, you will be notified in accordance with Section 9.
16. Other important terms
16.1 We may transfer our rights and obligations under this License to another organization, but this will not affect your rights or our obligations under this License.
16.2 You may only transfer your rights or your obligations under this License to another person if we agree in writing.
16.3 This License and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this License or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this License or any document expressly referred to in it.
16.4 If we fail to insist that you perform any of your obligations under this License, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a breach of this License by you, we will only do so in writing signed by us, and that will not mean that we will automatically waive any later default by you.
16.5 Each of the conditions of this License operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
16.6 This License, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the law of North Carolina. We both irrevocably agree to the exclusive jurisdiction of the courts of North Carolina.
If you want to know more, please visit https://bodyswaps.co/ or contact us at hello@bodyswaps.co. Alternatively, you can write to us at:
Bodyswaps
31 New Inn Yard,
EC2A 3EY
London
United Kingdom