Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY. They govern your use of the software, applications, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by ZenART VR Ltd.

These TERMS OF USE set out the basis on which ZenART VR makes the Products available to End User (“User” or ”You”) and on which You may use them. ZenART VR’s Privacy Policy which can be found on www.zenartvr.com, forms an integral part of these TERMS OF USE. By installing or using the Product, You agree to accept and to be bound by (1) these TERMS OF USE and (2) the Privacy Policy at all times. If You do not agree with one of these, please do not install or use the Product.

ZenART VR reserves the right to change, modify, add or delete articles in these TERMS OF USE at any time, in accordance with the procedures described below in Section 9.

1. Grant of license

1.1 ZenART VR (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or ZenART VR terminates these TERMS OF USE. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from ZenART VR. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.

As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the Product is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using the Product). Please review such additional terms and costs carefully.

1.2 You shall not, directly or indirectly (1) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (2) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part; (3) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (4) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.

1.3 While using the Product, You agree to comply will all applicable laws, rules and regulations. In all cases, You may only use the Product according to anticipated use of the Product.

For example purposes, and without limiting ZenART VR’s rights to take action against You, You may not:

a. create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);

b. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;

c. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organize, participate in or be involved in any way in an attack on ZenART VR’s servers and/or the Product and/or those of its service providers and partners;

d. create, supply or use alternative methods of using the Products, for example server emulators;

e. transmitting or communicating any material or content which, in the sole and exclusive discretion of ZenART VR, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;

f. harassing or threatening any other users of the Product within the Product or its associated websites and social media pages;

g. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of ZenART VR’s personnel;

h. falsely claim to be an employee or representative of ZenART VR or its users, partners and/or agents;

i. falsely claim an endorsement in connection with the Product or with ZenART VR.

1.4 For ZenART VR licensors who are not End Users as defined in these TERMS OF USE grant of license applies according to contract.

2. Ownership

All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by ZenART VR or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, ZenART VR’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without ZenART VR’s prior permission and, if applicable, ZenART VR’s licensors’ and representatives’. Except as expressly set forth in these TERMS OF USE, all rights not granted hereunder to You are expressly reserved by ZenART VR.

This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.

3. Access to the product

If You are using the Product on a Compatible Mobile Terminal, this Section is applicable to You and to Your use of the Product: For these TERMS OF USE, “Compatible Mobile Terminal” designates any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones , tablet computers, standalone virtual reality headsets, and personal digital assistants (PDAs).

a. Product Access. To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. ZenART VR may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers.

b. Collection of personal data: In order to provide You with a better user experience, adapted services and Product support, ZenART VR may collect and store data about You in relation to Your use of the Product, Your connection information and/or Your Compatible Mobile Terminal. Certain data is recorded, archived, analyzed and used to create user statistics. Your privacy is very important to ZenART VR and ZenART VR will not reveal Your personal data to third parties except when expressly authorized by You to do so or in special circumstances. ZenART VR may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect ZenART VR’s rights and those of other users and third parties. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In addition, ZenART VR reserves the right to collect, store and use anonymous data about You. For further information concerning ZenART VR’s use of Your personal data, please refer to the Privacy Policy

c. Analytics Tools and Ad Serving Technology. ZenART VR uses third party analytics tools to collect information concerning Your and other users’ gaming habits and use of the Product. The information collected may contain the following, without limitation: mobile device unique indentity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. ZenART VR uses third party ad serving technologies that may collect information as a result of ad serving in the Product and that may temporarily display advertisements in the Product. The information collected and used for the targeted advertising may contain the following, without limitation: age and gender, number views of an advertisement, mobile device unique identity or other device identifiers and settings, information about Your use of the Product, Compatible Mobile Terminal, and other Internet sites (including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the advertisement(s) (if any). The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other ZenART VR Products and services with information collected from other third party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if ZenART VR combines any of this information with personal data, ZenART VR will treat this information as personal data pursuant to our Privacy Policy.

4. Refunds

4.1 Any Product You purchase through the ZenART VR store is eligible for a refund within 14 days of purchase for any reason IF THE PRODUCT HASN'T BEEN USED. If a Product has been downloaded and launched through the ZenART VR official launcher, it is no longer eligible for a refund.

4.2 ZenART VR cannot provide refunds for purchases made outside of the ZenART VR store. Purchases of ZenART VR Products made through a third party storefront (Steam, Epic Store, Rift Store, etc.) are refundable through the respective storefront's refund policy (if any).

4.3 To request a refund You must submit a refund request to [email protected].

4.4 Purchases will generally be refunded to the payment method used to make the purchase. In the case this is impossible, or You request a different payment method for the refund, ZenART VR and You may agree on a suitable alternative.

4.5 Pre-orders can be cancelled and refunded at any time before their official release date. After their release, You are eligible to request a refund for your Product within 14 days of the release date and if You haven't used the Product.

4.6 If ZenART VR determines Your actions are abusing the refund policy described in this Section 4 you may not be eligible for a refund.

5. Consent to monitor

When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to ZenART VR, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You. However, please note that ZenART VR is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.

6. Warranty disclaimer, limitation of liability

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. ZENART VR, ZENART VR’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDIND AS TO: (1) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (2) ITS SUITABILITY FOR A PARTICULAR USE; (3) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (4) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. ZENART VR DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL ZENART VR, ZENART VR’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (1) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (2) DIRECT LOSS; (3) ACCIDENTAL LOSS, (4) INCIDENTAL LOSS, (5) CONSEQUENTIAL LOSS, AND (6) INDIRECT LOSS.

NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH ZENART VR OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, ZENART VR’S LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT ZENART VR, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO ZENART VR FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

NOTHING IN THIS SECTION 5 SHALL AFFECT ZENART VR’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ZENART VR’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

FOR PURPOSES OF THIS SECTION 5, ZENART VR’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THESE TERMS OF USE AGAINST YOU.

7. Indemnity

You are solely responsible for any damage caused to ZenART VR, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of these TERMS OF USE.

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED ZENART VR AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (1) A VIOLATION OF ANY PROVISION OF These TERMS OF USE OR (2) YOUR USE OR MISUSE OF THE PRODUCT. ZenART VR reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify ZenART VR. The provisions of this Section 7 shall remain in force after termination of these TERMS OF USE.

8. Termination

These TERMS OF USE are effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and ZenART VR (or its licensors) may terminate these TERMS OF USE, at any time, for any reason. Termination by ZenART VR will be effective upon (1) notice to You or (2) termination of Your ZenART VR Account (if any) or (3) at the time of ZenART VR’s decision to discontinue offering and/or supporting the Product. These TERMS OF USE will terminate automatically if You fail to comply with any of the terms and conditions of these TERMS OF USE. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.

9. Changes to these Terms of Use or to the Product

ZenART VR reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of these TERMS OF USE for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of these TERMS OF USE by clicking on the LEGAL link located on the Product or on www.zenartvr.com. You are responsible for checking these TERMS OF USE periodically for changes. If any future changes to these TERMS OF USE are unacceptable to You or cause You to no longer be in agreement or compliance with these TERMS OF USE, You may terminate these TERMS OF USE in accordance with Section 7 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to these TERMS OF USE constitutes Your complete and irrevocable acceptance of any and all such changes.

ZenART VR may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that ZenART VR may stop to support previous versions of the Product upon availability of an updated version. ZenART VR’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. ZenART VR also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.

10. Miscellaneous

10.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of the EU and any foreign agency or authority relating to the Product and Your use of the Product.

10.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of these TERMS OF USE is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these TERMS OF USE shall not be affected. If any invalid, unenforceable or illegal provision of these TERMS OF USE would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect ZenART VR’s initial intentions.

10.3 No Waiver. No failure or delay by ZenART VR (or its licensors) to exercise any right or remedy provided under these TERMS OF USE or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by ZenART VR or by the User.

10.4 Law and Jurisdiction To the extent permitted by applicable law, these TERMS OF USE and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Bulgaria and the European Union. You irrevocably agree that the courts of Bulgaria have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these TERMS OF USE or its subject matter or formation (including non-contractual disputes or claims).

For any question concerning these TERMS OF USE, you may contact ZenART VR at the following address: [email protected]

THESE TERMS OF USE ARE APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.