TERMS AND CONDITIONS OF USE FOR STEREOLIFE VR MOBILE APPLICATIONPlease read this important information! Read this agreement carefully and if you disagree with its terms, you should refrain from using Stereolife mobile application.
You do not have the right to use this application if you are under 16 years old. Using the application, you confirm that you meet the specified requirements.
These Terms and Conditions of Use of the subscriber/user for the Stereolife mobile application (hereinafter referred to as the “Agreement”) is a legal document establishing your rights and obligations as a subscriber/user of this application belonging to the Limited Liability Company Virtual Reality Technology, a company acting under the laws of the Republic of Belarus with legal address at: room 210, administration and accommodation facility, b.50/1 Knorina St., Minsk, 220103, registered by the Minsk City Executive Committee on November 26, 2018 under number 191041963 (hereinafter “the VRT”).
1. DEFINITIONSContent – computer programs (films and games) for the equipment manufactured the VRT, available in the Appendix.
Equipment – equipment manufactured by the VRT owned by the Subscriber (for example, virtual reality simulators “Stereolife Rifter”, “Srereolife Flyer” and others).
Subscription to the Content – the right to use the Content, access to which the Subscriber receives through the Application.
Subscription to the Application – the right to use all available services of the Application.
Subscription for technical support – the right to contact the VRT for technical support of the Equipment after the expiration of the warranty period.
Subscriber – a legal entity or an individual entrepreneur who owns the Equipment and has an account in the Application.
User – an individual who uses the Application without creating an account.
Application – a Stereolife mobile application offered by the VRT company.
2. SUBJECT OF AGREEMENTThe parties to this Agreement shall be the Users, Subscribers and the VRT (hereinafter – “the Parties”).
This Agreement shall define the procedure for the provision of services by the VRT company to the Subscribers and Users for the use of the Application and its services, and also establishes mutual rights and obligations of the Parties.
Within the framework of this Agreement the VRT shall provide the following paid services:
a) Subscription to the Application;
b) Subscription to the Content;
c) Subscription for technical support.
The use of paid services of the Application specified in this clause of the Agreement shall be possible only as a Subscriber by creating an account.
The application shall also allow getting information about the location of the Equipment around the world including its name and exact address. This service shall be free and available to the Users without creating an account.
3. ORDER OF CONCLUSION, AMENDMENT AND TERMINATION OF AGREEMENTThis Agreement is considered as an adhesion contract, the conclusion of which shall be made by accepting its conditions by the User/Subscriber in the manner provided by Art. 398 of the Civil Code of the Republic of Belarus, i.e. by adhesion to the proposed Agreement as a whole, without making amendments by the User/Subscriber in the text of the Agreement. Adhesion to this Agreement shall be carried out in the process of launching the Application by pressing the button (or ticking the corresponding box) “I agree with the agreement” by the User/Subscriber and thus the User/Subscriber shall agree with this Agreement and accept the rights specified herein and responsibilities associated with the use of the Application.
This Agreement may be amended by the VRT unilaterally without any special notice. This Agreement is an open and public document. The VRT recommends that Users/Subscribers regularly checked the terms and conditions of this Agreement for amendments. In case of disagreement with the amendments made, the User or the Subscriber must terminate this Agreement, i.e. refuse the further use of the Application, and additionally by further deleting the account by the Subscriber in the manner specified in clause 12 of this Agreement. The Parties agree that continued use of the Application after making amendments to this Agreement shall be recognized as consent and adhesion by the User or Subscriber to the new edition of this Agreement.
Amendments to this Agreement shall come into force immediately after their publication in the Appendix. Amendments made to this Agreement by the VRT in connection with a change in legislation, shall enter into force simultaneously with the entry into force of the changes in these legislative acts.
At the next launch of the Application, in the event of amendments to this Agreement, a notification shall be displayed about the need to review and adopt the new version of the Agreement.
4. REGISTRATION AS A SUBSCRIBER. YOUR ACCOUNT.An account may be created by a legal entity or an individual entrepreneur who owns the Equipment. After creating an account, You become a Subscriber. As a Subscriber, You can access certain services and Content offered in the Application.
When creating an account, You must provide certain personal data such as first name, last name, phone number, e-mail address, Skype, country of registration/residence. Also for registration You will need a login and password that the VRT shall send to all the Equipment owners.
The Subscriber shall agree to provide accurate and complete information at the request of the VRT and to update this information immediately after change hereof. When creating an account, the Subscriber undertakes to provide accurate information about himself/herself. If necessary, the VRT shall have the right to request the documents confirming the personal data of the Subscriber.
After completing the registration procedure in the Application, You create your own account. You shall not have the right to disclose, transfer or otherwise grant to the third parties the right to use Your password or Your account except as permitted by the VRT. You shall be responsible for maintaining the confidentiality of Your account and for the security of Your Equipment. The VRT shall be not responsible for the use of Your password and account or for any interaction and activity in the Application resulting from the use of Your login and password by You, by persons to whom you could disclose Your login and/or password intentionally or through negligence in violation of this provision of the Agreement. Except for cases when this is the result of negligence or violation by the VRT, the VRT shall not be responsible for the use of Your account by a person who has used Your login and password fraudulently without Your permission. If you believe that the confidentiality of Your login/or password has been violated, you must immediately notify the VRT by sending an e-mail to:
app@stereolife.biz.
In case of any questions or problems during registration, You can contact the support service by sending an e-mail to:
app@stereolife.biz.
5. CONNECTION AND DISCONNECTION OF EQUIPMENTThe Equipment shall be connected to the Subscriber’s account via Menu/Section “My Simulators”/“+” Button/QR Scanner - “Start Scanning” button. When scanning a valid QR code displayed on the Equipment, this Equipment is connected to the Subscriber account.
To remove the Equipment from the list of equipment owned by the Subscriber (in the case, for example, if the Subscriber sells the Equipment to another person), one shall need to click on the Delete icon in the Application which is located next to the icon of the corresponding Equipment and answer the question confirming the action. After that, the Equipment will be removed from the list and will be available for subsequent connection, for example, by another Subscriber.
6. PAYMENTSPayment of the Subscription to the Content and the services available in the Application shall be carried out on a cashless basis with a plastic bank card by 100% advance payment according to the tariffs specified in the Application. Payment currency shall depend on the country from which the Subscriber makes a payment. In this case, the VRT shall operate with the assistance of an authorized operator to receive bePaid payments and shall be the recipient of the payment. The bePaid payment system meets all data transfer security requirements (PCI DSS Level 1). All the confidential data shall be stored in encrypted form and is highly resistant to cracking.
We shall accept the following types of plastic bank cards: Visa, Visa Electron, MasterCard, Maestro, BelCard. After making the payment, an e-mail shall be sent to the Subscriber indicating the payment details.
When a plastic card is connected to the Application, to check the connection, the plastic card of the Subscriber is debited with an amount equivalent to or equal to 1 (one) US dollar and this amount shall be further returned to the Subscriber.
When payment for a subscription, an automatic renewal of the subscription could be enabled on Your mobile device and, accordingly, automatic withdrawal of funds for such a subscription, therefore the VRT recommends disabling this option if you do not want to renew the subscription.
All payments made by You to the VRT shall be considered as not including the withholding tax and shall not be subject to adjustment.
7. SUBSCRIBTION TO APPLICATIONSubscribing to the Application shall allow receiving statistical data on operation of the Equipment, which include the following information:
- “Detailed report” – a report for the selected period, which includes: session start time, session duration, program name, number of visitors, and session completion status;
- “Visitors” – data on the number of visitors/sessions on a specified date for the selected period;
- “Equipment loading” – the average number of visitors per hour for the selected period;
- “Top” – popularity rating of the programs (films and/or games) installed on the Equipment,
and also to get access to the acquisition of the Content and payment for the Equipment technical support services.
Subscription to the Application shall be paid. If the Subscription to the Application is not paid, the Subscriber’s access to his/her account shall be blocked until the debt is repaid.
8. ACQUISITION OF CONTENT. LICENSE FOR CONTENT.Through the Application, the Subscriber can purchase a Subscription to the Content. Delivery of the Content and its installation on the Subscriber’s Equipment shall be carried out automatically after payment. For this, the Subscriber shall need to provide a connection (via 3G or Wi-Fi) of the corresponding capacity of the Equipment for which the Content is purchased, with the Internet. If there is an Internet connection during each start, the Equipment connects to the server and receives data about licenses and available updates. After the expiry of the purchased Subscription, the corresponding Content shall be automatically removed from the Equipment.
When purchasing a Subscription for Content, the VRT shall transfer to You, and You shall accept the non-exclusive right to use the Content by public display on the corresponding Equipment in its territory for the term of the purchased Subscription indicated in the payment document.
All the proprietary and intellectual property rights associated with the Content and its copies shall belong to the VRT. All rights reserved unless otherwise provided by this Agreement. Content shall be protected by copyright law, international agreements and conventions in the field of intellectual property and other regulatory and legal acts.
You may not use the Content for any other purpose than permitted by this Agreement. Unless otherwise specified in this Agreement or in the relevant law, You shall not have the right to fully or partially copy, rent, distribute, report to the public, translate, amend, create derivative works, transfer the use rights to the third parties, and delete copyright information from this Content.
9. SUBSCRIBTION TO TECHNICAL SUPPORTUsing the Application, the Subscriber can pay for the Subscription to the Technical Support of the Equipment after the expiration of the warranty period, which includes:
- Consultation of the Subscriber by the technical support service of the VRT using electronic communications (Skype, telegram, viber, etc.);
- connection to the Subscriber’s Equipment using a teamviewer to diagnose and fix possible problems related to the inoperability of the software installed on the Equipment.
Technical support shall be paid for each item of the Equipment and shall be provided only for this item.
Subscriber may contact technical support of the VRT until December 31 of the current calendar year from the date of payment. The cost of technical support services paid through the Application shall not include the accessory and any works at the installation site of the Equipment.
Technical support services shall be provided by the VRT workers every day from 9 am till 18 am (GMT +3:00), with the exception of weekends and holidays.
10. DISCLAIMER. LIMITATION OF LIABILITY. NO WARRANTY LIABILITY. LIMITED WARRANTYA. DisclaimerTo the maximum extent permitted by applicable law, the VRT explicitly shall disclaim 1) the provision of any guarantees under the Application, the Content, the services and subscriptions, as well as 2) any obligations arising from the general law in relation to the Application, the Content, services and subscriptions, including liability for negligence and lack of qualified effort. The Application, the Content, the services, subscriptions, and any information made available due to their use are provided on an “as is” and “with all errors” basis, as well as without any warranties whether express or implied, including without limitation the warranties of marketability or suitability for a specific purpose or lack of legal obstacles. In addition, the VRT disclaims any warranties with respect to the name, a conflict with your rights to use, as well as guarantees of authority with respect to the Application, the Content and the services, subscriptions or the information made available through their use.
B. Limitation of LiabilityTo the maximum extent permitted by applicable law, the VRT shall not be liable for the losses resulting from the use or inability to use the Application, Your account, Your subscriptions, the Content and the services, including the loss of intangible assets, discontinuance of the worker process, failure or malfunctioning of computers as well as any other business losses. The VRT shall not be responsible for any direct, indirect, minor, special, punitive or other damages resulting from the use of the Application, use of the Content and the services, subscriptions and any information made available as a result of using the Application, as well as for the delayed use or inability to use the Content and services, subscriptions or any information even if it was the result of a fault, a tort (including gross negligence), acts involving direct responsibility, violations of the provisions of the Agreement or warranty obligations of the VRT. These limitations and exclusions of liability remain in force even when other legal remedies do not apply.
Since some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries or jurisdictions, the liability of the VRT shall be limited to the fullest extent permitted by law.
C. No WarrantiesTo the maximum extent permitted by applicable law, the VRT shall not guarantee the uninterrupted, error-free, virus-free and safe operation of the Content and the services, as well as uninterrupted, error-free, virus-free and secure access to the Application, Your account and/or subscriptions or any information available in connection with the use of the Application.
11. TERM OF AGREEMENTThis Agreement shall enter into force for the User (Subscriber) from the moment of their adhesion hereto and shall be valid for an indefinite period.
12. DELETING AN ACCOUNTAccount deletion shall be made upon request from the Subscriber’s e-mail indicated at registration to the VRT technical support service at the following address:
app@stereolife.biz. Self-deletion of the account shall not be provided.
If your Account has been liquidated on your initiative, you shall not be entitled to expect any refund, including the return of the subscription fees.
The VRT may terminate your account or any Subscription at any time if (a) the VRT stops providing such Subscriptions to similar Subscribers in a general manner or (b) You violate any of the terms of this Agreement. In the event that your account or subscription has been liquidated on the initiative of the VRT due to your violation of the provisions of the Agreement or illegal activities, You shall not be entitled to expect any compensation, including return of the subscription fees.
13. PERSONAL DATA PROCESSINGDepending on your activity in the Application, the VRT shall collect various types of data:
- Subscriber’s personal data;
- data on the smartphone of the User/Subscriber;
- data about the Subscriber’s Equipment.
Subscriber’s personal data shall include: name, surname, phone number, email address, Skype, country of registration/residence, interface language. The specified data shall be used by the VRT for sending to the bePaid payment system, as well as for communication with the Subscriber. Data sent to the payment system: name, surname, phone number, e-mail address, country of registration/residence. Data used by the VRT to communicate with the Subscriber, including sending notifications, payment checks, etc.: first name, last name, phone number, Skype, e-mail address, interface language.
The data of the User/Subscriber’s smartphone shall be used by the VRT to optimize the operation of the Application and shall include: model, type and version of the operating system, memory size.
Data on the Equipment: installation location, version of the management system, data on the license periods of the installed Content, data on the subscription period for technical support.
The installation site shall be entered/edited by the Subscriber himself, used to display on the map of the Equipment installation locations in the Application service accessible to the Users, and allowing to obtain information on the location of the Equipment worldwide, indicating its name and exact address.
The control system version shall be used to automatically upgrade the control system to the latest available version.
The data on the licenses of the installed Content shall be used to automatically manage the licenses for the Equipment: deleting the Content with an expired license, updating the Content to the latest version, receiving the new purchased Content.
Data on the duration of the Subscription for Technical Support shall be used by the Technical Support Service of the VRT to determine the possibility of providing technical support under current Subscription for technical support for each unit of the Equipment separately.
The shelf life of all the above data:
- Subscriber data – until the Subscriber’s account is deleted upon request;
- Users data – within 1 calendar year.
Data shall be stored in encrypted form on Amazon Web Services servers.
14. FINAL PROVISIONSThis Agreement shall be governed and interpreted in accordance with the legislation of the Republic of Belarus.
In case of any disputes or disagreements related to the execution of this Agreement, the User/Subscriber and the VRT shall make every effort to resolve them through negotiations between them.
All the disputes, controversies or claims that may arise from this Agreement or in connection with it, including related to change, termination, execution, invalidity or interpretation hereof, shall be subject to consideration at the International Arbitration Court at BelCCI in accordance with its rules. Applicable law is the law of the Republic of Belarus.
If for whatever reason one or more of the provisions of this Agreement are declared invalid or unenforceable, this shall not affect the validity or applicability of the remaining provisions.
This Agreement was last modified on July 29, 2022.