Thank you for agreeing to help test and evaluate the proprietary social virtual reality (“VR”) application and related software (the “App”) designed by our company to assist people who are struggling with and/or recovering from addiction and/or mental health issues. Our company is called Very Real Help, Inc., and is referred to as “us,” “we” or “our” in these Terms of Service(“ToS”). We are a Delaware corporation located in Nashville, Tennessee. You are agreeing to participate in our beta testing program (the “Beta Program”)as described in these ToS.
By agreeing to these ToS (by clicking below), you understand that you are legally bound by these ToS, and you intend this to be a legally binding agreement.
You are agreeing to these ToS because you expect to derive significant benefits from participating in the Beta Program. Once you agree to these ToS by clicking below, you and we will be legally bound by these Terms of Service until either you or we terminate these ToS by email notice (if given by you, email is to be sent to Support@VeryRealHelp.com and if given by us, email is to be sent to your email address you give us when signing up for this program). You agree that even after your participation in the Beta Program ends or is terminated, you will indefinitely continue to be bound by the obligations of these ToS (discussed below) that relate to ownership of Materials, feedback and other intellectual property; confidentiality and intellectual property; disclaimers of warranties; and general provisions.
About the Materials we will provide to you, and some important limitations:
We will provide you with a VR environment in which you and other users of the App can communicate with one another in real time in order to provide peer support and discussion (the “Environment”). We give you no promises whatsoever as to the willingness or ability of other participants in the Environment to listen to you or to provide you with meaningful thoughts; whether you will find communications from other participants in the Environment to be useful or satisfactory to you; or whether any advice or other statements of other participants in the Environment will be suitable to your needs.
We will provide to you the App, the Environment, and other materials, software, services, products, and features (including any related components, accessories, and documentation) in connection with the Beta Program (all of this may be referred to in these ToS as the “Materials”). We will deliver to you Materials that we feel are appropriate in order to allow you to participate in the Beta Program. The Materials may include a VR headset and/or other hardware for use by you as part of the Beta Program. You agree to be responsible for any loss of or damage to any such hardware, and you agree to return all of the Materials to us in good condition (allowing for reasonable wear and tear) within five days of your receipt of a request to do so. You confirm that you have access to high-speed Internet service, which is necessary in order to participate in Environments and to use the Materials.
You agree that all of the Materials are owned by us outright or under license, and that you will have no ownership of or title to any of the Materials. You agree that you will have a personal, non-exclusive, non-transferable license to use the Materials solely for the purpose of your use, evaluation and testing of the Materials as part of the Beta Program. You agree not to disclose (publicly or privately), sublicense, sell, assign, lease, loan, or otherwise transfer any part of the Materials to any other person, for any reason.
We will have no obligation to develop or provide any updates or revisions to the Materials, and we reserve the right to alter or adjust specifications for the Materials as we deem necessary or desirable. Though we are not obligated to do so, if we do give you any update or additional materials, such update and/or additional materials will be considered part of the “Materials” under this Agreement. We have the right to abandon development of the App at anytime and without any obligation or liability to you. You agree to give us access to the Materials during normal working hours for inspection, modifications, and maintenance, if we request.
Feedback that you will provide to us:
You agree to test and evaluate the Materials as requested by us and described in any instructions from us. You agree to familiarize yourself with the Materials, information, instructions and documentation provided by us, and to use or test the Materials only as directed by us.
You agree to promptly notify us of any and all functional flaws, errors, anomalies, and/or problems directly or indirectly associated with the Materials known to or discovered by you, and you will provide the Company with reports and feedback by the methods designated by us. All reports, feedback, ideas, modifications, suggestions, improvements, and the like made by you to us with respect to the Materials (“Feedback Information”) will for all purposes be our sole property. You agree that under these ToS you are assigning to us all right, title and interest in the Feedback Information (and all related intellectual property rights). We may use and disclose Feedback Information for any purposes whatsoever, without any obligation to you. You understand and agree that we may report incidents of child abuse, or threat of harming yourself or others, to the appropriate protective authorities.
Recording of sessions, and gathering of information:
Confidential treatment of our information, and intellectual property:
You confirm that neither you nor any of your relatives is an employee or representative of, or otherwise affiliated with, any of our competitors (or any affiliate of any competitor). By “competitor” we mean any person or company that provides (or is working on) any VR healthcare and/or related products or services.
You acknowledge that information and intellectual property you receive or learn about us or the Materials during the term of these ToS (the “Confidential Information”) has been and is developed by us with considerable effort and expense, and is valuable, unique, secret, and confidential to us. You also acknowledge that part of our business may involve receiving information from other participants in the Beta Program (which information is included in the definition of “Confidential Information”), much of which may be private, personal and sensitive to those other participants. Information shall no longer be deemed to be confidential if such information becomes publicly available through no fault or action of you (directly or indirectly). You agree that all Confidential Information will remain our exclusive property.
You agree to keep all Confidential Information in strict confidence, and to not disclose any such information to any person or company, or reproduce, publish, distribute, or transmit such information, or use such information in any way or for any purpose except within the scope of the Beta Program. You agree to take reasonable security precautions to prevent Materials from being seen or taken by unauthorized individuals, whether stored on your computer hard drive, on your phone, on another device, or on physical copies such as CD-ROMS, diskettes, flash drives, or other media.
If you are required by law to disclose Confidential Information to a particular person, you agree, to the extent legal to do so, that before turning over required Confidential Information you will provide us with notice of the requirement and will cooperate with any efforts of us to protect such Confidential Information.
You agree not to incorporate any aspects of the Materials or any other Confidential Information into any other applications or other items beyond our company, and to not, directly or indirectly, in any other platform outside of our company, (i) replicate, copy, modify, or create derivative works of any Material or any other Confidential Information, in whole or in part; (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Environment (or any photograph, image or depiction thereof) or any other Confidential Information; (iii) reverse engineer, disassemble, decompile, decode, deconstruct, adapt, or otherwise attempt to derive or gain access to the source or object or other code of any Material or any other Confidential Information, in whole or in part; or (iv) remove any proprietary notices from any Material, Environment or other Confidential Information.
Disclaimers of Warranties; Beta Program Is Not Therapy or Medical Treatment:
Without limiting any disclaimer of warranty or other limitation in these ToS, you understand and agree that the Beta Program, the Materials, and the Environment are intended to serve only as a platform for peer-to-peer support among users of the Materials, and are not a substitute for, and do not constitute, therapy, medical advice, medical treatment, or counseling relating to any addiction or psychological issues that you may have.
You agree not to use the Materials in a health emergency or urgent health situation that you might find yourself in. The Materials are not a substitute for professional health care, mental health treatment, psychiatric care, or therapy of any kind. If you are experiencing a medical emergency, you should immediately call your doctor or 911.
You understand that the Beta Program and the Materials are experimental only, and that your participation in the Beta Program may or may not prove to be helpful to you. You agree not to, in reliance on the Beta Program or the Materials, forego, suspend or terminate any other counseling, therapy and/or medical treatments that you otherwise receive or should receive. Further, you understand that you may withdraw from the Beta Program at any time (and may terminate your agreement with us), and you agree to seek outside services if needed (for example, inpatient treatment in the event of a relapse, a suicide crisis line if you feel that you might harm yourself or others, or other resources).
You understand that by their nature (being in the beta testing stage), the Materials may contain errors, bugs and other issues or problems that could cause system failure or other problems, and the testing and quality assurance of the Materials has not yet been completed. You accept the Materials “as is,” and we make no warranty of any kind regarding the Materials. You understand and agree that in no event will we be liable to you for any compensatory, general, incidental, consequential, indirect, direct, special, or punitive damages, arising out of or relating to the Materials or the Beta Program, and you agree that any reliance by you on the Materials is at your own risk.
You agree to defend, indemnify and hold us harmless from any claims, demands, liabilities, losses, damages, judgments and the like (including but not limited to attorneys’ fees incurred) resulting from your use of the Materials and participation in the Beta Program, and/or directly or indirectly relating to any violation of these ToS or of law by you or information provided by you to us.
These ToS are the entire agreement between you and us, but these ToS may be changed by us from time to time. Any ToS changes will be effective once they are posted to our website and emailed by us to you. You continuing to use the Materials after we have changed the ToS means that you accept and agree to the revised ToS. If there is a difference between these ToS and the additional ToS, the additional terms will control for that conflict. These ToS are binding upon, and will benefit, your heirs and estate, and our successors and assigns, but otherwise are between only you and us and do not benefit any third party. Any notices that you wish to send us are effective if sent to our email address on our website.
Any notices that we wish to send to you are effective if sent by us to the email address that you have furnished to us.
If you do not comply with these ToS and we do not take action right away, we will still have our rights to take action in the future.
If a particular term of these ToS is not enforceable, that will not affect any other terms. The laws of Delaware, excluding Delaware’s conflict of laws rules, will apply to any disputes arising out of or relating to these ToS or the Materials. All claims arising out of or relating to these ToS or the Materials must be litigated exclusively in the federal or state courts of Davidson County, Tennessee, and you consent to personal jurisdiction in those courts.