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Introduction

Thanks for using Warp Industries (“Warp Industries”, “we”, “us”, “our”) and our App.

What is the Warp Industries App? The Warp Industries application (“the App”) is a mobile App on which you can train in a Virtual Reality environment. You will get insights and feedback on you performance and scores.

The Warp Industries App is connected to the Warp Industries platform. This platform is used by customers of Warp Industries create and distribute Virtual Reality training courses. It enables you to do the training courses via a mobile device.

Customers of Warp Industries can use the platform to publish the App with their own branding (branded App), if you are to train via such a branded App the same/these terms and conditions also apply.

About these Terms of Use

In these Terms of Use you can read the terms and conditions that apply when using the Warp Industries App. Here you can read what to expect and what rules apply. Please reads these Terms of Use carefully.

Do you have any questions? Please reach out: support@warp.studio

Who is who?

When you read “you”, “your” we mean you a a user of the App. When you read “Warp Industries”, “we”, “us”, “our” we mean Warp Industries BV located at Molengraaffsingel 12 in Delft, The Netherlands.

When you read customer, we mean our customers - being for example your company or a training agency - who requested, created Virtual Reality training courses using our platform. You are invited to take part in the VR training and use the App on their invitation.

When do these Terms of Use apply?

You can download the App via the Apple App store (iOS), Google Play stores (Android), Oculus store, the Daydream store or an App store provided by the customer of Warp industries. By downloading the App, install it and/or to use is, you acknowledge that you have read and understood the Terms of Use, accept them, and agree to be bound by them.

Should certain part of these Terms of Use not apply anymore by law, then the remaining articles are still valid.

The App and its use

You can access for the App by logging in and register for the App.

Taking the Virtual Reality course which is assigned to you is strictly personal. This means it is prohibited to have someone else take the training other than yourself unless it is explicitly stated otherwise.(for example in the course description).

You are responsible for the use of the App and the activity within the App in your account. This means you are responsible for any misuse of and within the App.

Should the misuse be the result of some else using your login credentials then we accept no responsibility. To avoid such misuse we strongly advise you to use a unique and strong password and regularly change it. Furthermore we strongly advise you to keep you login credentials confidential and not to share them with others.

You may not perform any actions within the App that are in violation of these terms of use, legal provisions, public order or the applicable standards and public values ('good morals').
When you do this, we may immediately deny you access to the App completely or partially, temporarily or permanently.

In order to use the App, you must ensure, at your own expense, sufficient storage capacity on your telephone so that you can play the videos, and a working internet connection.
If we offer an update of the App, you are required to install the update at your earliest convenience.

You may not reverse engineer or modify the App without our permission. You may also not remove or have circumvented the facilities that are intended to protect the App.

You may also not infringe the intellectual property rights of us or of others.
This means, for example, that you may not publish information from our website, platform or App without our explicit permission on another website. It is also not allowed, for example, to copy a training you follow through the app and to use it commercially for another company or organization.
If you do, you are liable for any damage that may arise as a result. We may also deny you access to the App and/or inform this to the appropriate bodies.

When you infringe on the rights of others and we are held liable for that damage, you are liable for this damage (in other words: you indemnify us for this).

The App. What to expect or not expect of us?

We do our utmost  to make the app available to you so that you can follow your Virtual Reality training. You will receive a non-exclusive, non-sublicensable and non-transferable license from us for this.

However, we cannot guarantee that the app is always and fully available, operational and works without malfunctions. If malfunctions occur that are under our control, we will try to repair them as quickly as possible within normal working days. In addition, we may sometimes block our Warp Industries platform or temporarily take it offline to carry out maintenance, make adjustments or improve the Warp Industries Warp Studio platform. That may result in a temporarily inability for you to play virtual reality training, or download new training within the app.

We are at liberty to modify, expand, delete or change parts of the App at any given time.. We do our best to ensure that the App and its content are current, accurate and error-free, but we cannot guarantee this. Furthermore, we are at liberty to decide on which mobile operating systems we offer the App, or for which versions we continue to offer updates.

Costs: what costs are involved?

We offer you the App either without having to pay a fee or for a predetermined fee. You can follow the virtual reality training that Warp Industries or our clients make available to you free of charge or for the fee mentioned on the website. This fee is paid by or through our clients. Should clients stop paying the fee, you may no longer have access to a Virtual Reality Training and / or information within the training, such as tips and scores, within the app until the moment that our Clients pay us the amount due..

Liability: how about damage and accompanied costs?

The use of the App is at your own risk. You have ensure for a safe environment for yourself or for others if you play a virtual reality training. We are not liable for any damage or injury resulting from the use of the App.
The content of the virtual reality training is not determined by us. We are not liable for damage caused by the content of the training.

When the use of the App causes direct or indirect damage for which Warp Industries is liable? Then this damage is limited to the direct damage and to the amount that our insurer pays. This also applies to damage if it is the result of errors in the platform or the App.
We are never liable for indirect damages such as consequential damages, lost profits, missed savings, reduced goodwill or damage due to business stagnation.

This limitation of liability does not apply to damage caused by intent or deliberate recklessness on our part.

Force majeure: how do we deal with this?

In case of a force majeure preventing us from delivering our services, we are not obliged to offer you the App or to perform other obligations under these Terms of Use. By this we also mean force majeure that has arisen: because one of our suppliers has not fulfilled its obligations; or because there were disruptions in the power and / or internet facilities with us, our suppliers or others.

Privacy: what protection can you expect from us?

We take your privacy very serious and comply with all the legal provisions. We also take measures to protect your data. If you want to know what we do with your data, what measures we have taken and what rights you have around your privacy, read the privacy statement [insert hyperlink] on our website.

Disputes: what do we do if we do not come together?

In case we have a dispute, we do our best to find a solution together with you. If that does not work, we submit our dispute to the appropriate legal bodies. Dutch law applies here. The Vienna Sales Convention is explicitly excluded.

These conditions: can we change them and what will happen?

We can change these terms and conditions from time to time. We will always let you know by email, via the App or via our website. If you do not agree with this change, you can remove or uninstall the App from your phone. If you do not uninstall and you continue to use the App, we assume that you agree with the change and apply the changed conditions.

Closing statement

We hope that these terms and conditions are clear and understandable. Do you have any questions? Ask them via support@warp.studio

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