Effective date: March 29, 2022
What is this document?
Thank you for joining us in the Neos Metaverse!
Within this document we set out the rules that govern the use of the Neos Metaverse. Each section is introduced by a summary that explains in simple terms what they contain, however please pay attention to the full text – it is the text in the paragraphs, that is binding.
1.2 The “Neos Metaverse” shall mean Neos software - VR metaverse application to which this document is attached, i.e., the software we provide to you under these ToU. Along with these ToU, you agree to comply with the following other documents when using Neos Metaverse:
- EULA, available here;
- Community Guidelines, available from here;
- Security & Exploit reporting policy, available from here;
- Mod & Plugin Policy, available from here;
and other supplemental terms and conditions or documents that may be posted within the Software that are expressly incorporated herein by reference (hereinafter as “Documents”).
1.3 Please read these ToU carefully before using or registering for the Neos Metaverse or any of the services or plans provided therein.
1.4 These ToU supersede and cancel all our previous written and oral agreements and communications of the, relating to the subject matter of these ToU.
1.5 The headings and summaries are solely for the convenience of the ToU and cannot alter the meaning or content of the ToU or individual paragraphs.
What do we provide you under the Neos metaverse?
The Neos Metaverse is an innovative metaverse engine, that is designed to accelerate the development of social VR applications. You can explore a rich virtual universe full of diverse creations with your friends, colleagues, or classmates and use the virtual tools and devices you find for fun, art, education, or content production.
The Neos Metaverse is a living project – because of we are constantly developing and improving it, the content may change over time.
Neos Metaverse is generally provided free of charge, however some functionality or services may be provided through a subscription.
If you are under 13 years of age, use of the Neos Metaverse you have to have a consent of your parents or other legal guardians.
2.1 The main functionality of the Neos Metaverse is to provide users with tool for creating and using virtual reality, presentations and to display them through suitable devices. The Neos Metaverse is generally provided free of charge, however some additional services or parts of the Neos Metaverse may be provided for a fee.
2.2 Within the Neos Metaverse, you can be provided with further services and products as described within the Neos Metaverse and/or on the Website (“Extra Tools”). Extra tools can be subject to a separate agreement and/or conditions.
2.3 We reserve the right to change, modify, or remove the contents of the Neos Metaverse at any time or for any or no reason. If the Neos Metaverse is updated, upgraded or modified, whether to enhance or correct features or functionality, then these ToU will apply to such updates, upgrades and modifications in addition to any other terms that are presented to you in connection with the update, upgrade or modification.
2.4 You are not allowed to use any part of the Neos Metaverse for any commercial uses or other uses outside the scope of what is expressly permitted in this ToU unless allowed in the respective Usage plan.
2.5 All Users who are minors under 13 years old must have the permission of, be directly supervised and/or be represented by their parent or guardian to use the Website and/or the Neos Metaverse, in order to agree to these ToU and to provide any personal data.
Do I have to create user account?
Creating a user account is not a prerequisite to use the Neos Metaverse, but some functionality might not be available without an account.
When creating an account, please provide true and accurate information. To protect your user account, use strong passwords and do not disclose them to anyone.
We will never ask you about your password.
3.1 In order to use some functionalities of the Neos Metaverse, available only to registered users, or to use paid version of the Neos Metaverse, you must register and create a user account through respective part of Website and filling out your personal data as required by the registration form (hereinafter referred to as the “User Account”). If you decide to use paid version of the Neos Metaverse, you might be required to choose requested usage plan (hereinafter referred to as the “Usage plan”) and to make a payment of the respective amount, as described below.
3.2 When registering to use the Neos Metaverse you must provide complete and accurate information about yourself and agree to update such information as it changes. It is your responsibility to keep your account and any password provided to or created by you confidential and secure and you are responsible for all use of the User Account and the password. If you provide any information that is untrue or inaccurate, we have the right to suspend your User Account and terminate the agreement under these ToU.
3.3 We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole and absolute discretion, that such a username is inappropriate, obscene, or otherwise objectionable.
3.4 If you provide any information that is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend your User Account, terminate the agreement under these ToU, delete your User Account and terminate your use of the Neos Metaverse as well as refuse any and all current or future use of the Neos Metaverse (or any portion thereof).
What if I use paid version of Neos metaverse
As part of the Neos Metaverse, we may offer services or functionalities that can only be used on a subscription basis.
Subscription plan descriptions can be found either on the Website or directly at the Neos Metaverse.
You may cancel your subscription at any time, but we will not provide refunds or credits for any partial subscription periods for Usage Plans, unless provided otherwise in these ToU.
4.1 By selecting a paid Usage Plan (if available), you authorize us to charge you with a subscription fee plus applicable taxes (hereinafter referred to as the „Subscription Fee“ or “Subscription Fees”) on a recurring basis and in accordance with the Usage Plan you select. The Subscription Fee for each Usage Plan is listed on the Website. We reserve the right to change the Subscription Fee of any Usage Plans, features and/or items provided within the Neos Metaverse at any time and for any or no reason prior to the transaction. The change in Subscription Fees has no effect on Usage Plans already paid for.
4.2 Unless otherwise selected by you at the time of your registration, the Subscription Fees will be charged to you monthly or yearly, based on the Usage Plan you select. You acknowledge that the recurring amount billed may vary for reasons that may include differing amounts due to applicable promotions and fees for additional services you have agreed to, such as adding additional users to your Usage Plan.
4.3 Following the action in the previous paragraphs of this part, you will select a method of payment you intend to use to pay the Subscription Fee with, as well as whether the payments shall be monthly recurring or yearly recurring, if the Usage Plan chosen by you provides such a choice. Usage Plans purchased on a monthly basis are billed each month until you cancel your subscription.
4.4 The applicable taxes might depend upon your location.
4.5 You may cancel your paid Usage Plan by emailing to firstname.lastname@example.org. Please note that you can only successfully cancel your subscription regarding future agreements.
4.6 All Subscription Fees are non-refundable, except in accordance with these ToU and as required under applicable law. We will not provide refunds or credits for any partial subscription periods for Usage Plans, unless provided otherwise in these ToU. Following your termination or cancellation of a further subscription, however, you will continue to have access to the Neos Metaverse through the end of your current Usage Plan period, at which point your subscription will terminate.
4.7 We may in our sole and absolute discretion, at any time and for any or no reason, with or without prior notice, refuse to accept, cancel and/or refuse to renew your subscription of a respective Usage Plan. You will be notified of such a case via an email.
What rules apply to user and third-party content?
One of the most important part of the Neos Metaverse is the possibility for all users to create their own User Content and then upload it to the Neos Metaverse and share it with other users.
User content can take many forms, ranging from images, 3D models and texts to plugins, scripts and other source code.
Users are responsible for their User Content, which must comply with these terms, the law and other rules set out in the "User Content Guidelines".
If you believe that you have encountered User Content within the Neos Metaverse that violates such rules, you may report such infringing content by sending an email to email@example.com.
5.1 Certain features and/or portions of the Neos Metaverse may permit you to upload, post or otherwise transmit your own content (hereinafter referred to as the “User Content”). For the avoidance of any doubt we acknowledge, that any User Content remains yours and that we do not gain any rights and/or possession of your User Content, unless expressly provided in these ToU.
5.2 You agree not to use the Neos Metaverse to upload, post, communicate or otherwise submit or transmit through, or to, the Neos Metaverse any User Content and/or content that is illegal or that infringes third party rights.
5.3 The rights and obligations related to User Content, as well as the rules for reporting illegal content or content that violates the Neos Metaverse rules, are provided through User Content Guidelines, available here.
5.4 A part of the functionality of the Website and/or the Neos Metaverse may enable you to use third-party service providers with its respective accounts (each such account hereinafter referred to as a “Third-Party Account”), as available by the Website and/or the Neos Metaverse settings and by the operation system your device. You acknowledge that your relationship with the Third-Party Service Providers associated with your Third-Party Accounts is governed solely by the your agreement(s) with such Third-Party Service Providers.
5.5 You acknowledge that if a Third-Party Account or associated service becomes unavailable or is terminated by the third-party service provider (each such provider hereinafter referred to as a “Third-Party Service Provider”), then you may not be able to use such a function of the Website and/or the Neos Metaverse.
What rules govern intellectual property?
The Neos Metaverse is based on broad range of different kinds of intellectual property. We own all rights to such intellectual property and, except for the licenses set forth in the Documentation, we reserve all such rights.
The rights to the Neos Metaverse itself are governed by the EULA, available 'here.
In order to properly operate the Neos Metaverse and to provide your User Content to other Users, you grant us a license to all User Content that you upload to the Services.
So that we can further develop the Neos Metaverse and effectively use the feedback we receive from you, you grant us a license to any intellectual property that will be contained in the comments, advice, feedback and other submissions you provide.
6.1 The Neos Metaverse is our property, so we retain all right, title and interest in and to the Neos Metaverse, including any intellectual property rights regarding trademarks, service marks and trade secrets, as well as any rights in copyrighted or patented materials provided to you as part of the Neos Metaverse. Except for the license provided to you under the EULA, you obtain no rights to the Neos Metaverse, and we reserve all rights not expressly granted to you.
6.2 To the extent necessary to provide the Neos Metaverse to you and other users, to protect you and the Neos Metaverse, and to improve our products and services, you grant us a worldwide, non-exclusive, irrevocable, royalty-free, perpetual, fully paid right and license to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. You agree that the license granted to us under this Section [ 6.2] applies to any User Content you previously posted, published, or otherwise developed in the Neos Metaverse.
6.3 We value any questions, comments, suggestions, ideas, feedback, or other information regarding the Neos Metaverse and/or website (hereinafter referred to as a "Submissions") provided by you. In order to apply them in practice and to implement them into the Neos Metaverse, we need to have sufficient rights to such Submissions. For that reason, you agree that any Submissions are non-confidential and shall become our sole property. We shall own exclusive rights, including an unlimited license to all intellectual property, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without your acknowledgment or compensation. You hereby grant us an exclusive and unlimited license to any such Submissions and waive the right to any kind of remuneration. Also, you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.
What support do we provide to Neos metaverse?
At the Neos Metaverse, we are doing our best to provide you with an uninterrupted, high-quality VR experience.
At general, we provide you with support for the service via email firstname.lastname@example.org where you can report bugs, glitches and outages to the Neos Metaverse. A higher level of support can be included in the respective subscriptions.
7.1 Although we do not guarantee to provide you with any support to the extent permitted by the applicable law, we undertake to make all reasonable effort to provide you with the proper service level and support.
7.2 We provide you with email customer support, available from email@example.com. We aim to respond to your email queries within reasonable response times appropriate to the complexity of the reported issue, unless we commit to react within time set in the respective Usage Plan selected by you. The response times specified in the respective Usage Plans always refer to the times within which we shall first respond to your e-mail regarding the issues with availability and functionality.
7.3 We are entitled to perform planned outages of the server and equipment on which the Website and/or the Neos Metaverse is run and provided after prior notice to you sent to your email.
7.4 We cannot guarantee the availability of the Website and/or the Neos Metaverse:
- to any software, equipment or services not purchased via the Website and/or the Neos Metaverse;
- if the problem has been caused by using equipment, software or service(s) that are not recommended, supported, allowed and/or are specifically prohibited under these ToU;
- if the problem has been caused by using the Website and/or the Neos Metaverse in a way that is not recommended, allowed and/or is specifically prohibited under these ToU;
- if you have prevented the us from performing required maintenance and update tasks;
- to any issues caused by you, third parties, third party software or other circumstances arising independently of our will;
- if you are in breach of these ToU for any reason.
7.5 If any paid functions of the Neos Metaverse does not perform substantially in accordance with this agreement, our entire and exclusive liability, and your sole and exclusive remedy, in respect of such warranty will be limited to, at our option, to either: (I) repair of the Neos Metaverse; or (ii) terminate the Usage Plan and refund you for the portion of the Subscription Fee you have paid for the unexpired or unused portion of the Usage Plan. This warranty applies only to the Neos Metaverse, as originally delivered.
What liabilities, warranties and limitations apply under the service?
You decided to use the Neos Metaverse voluntarily, freely and at your own risk. Only you know best what risks may be associated with your use of the Neos Metaverse and therefore it is up to you to consider how and for what purpose you will use the Neos Metaverse.
The Neos Metaverse is provided to you "as-is" basis and we are not liable for any potential damages that may result from your use of the Neos Metaverse. Such limitation does not apply to any harm caused by our intent or gross negligence.
If we suffer damages or other harm as a result of your actions, you agree to cooperate and indemnify us accordingly to the extent of this article.
8.1 You hereby acknowledge, that the website, the Neos metaverse and/or any of its components and any related service or documentation is provided and licensed “as is” to the fullest extent permitted by law, and hereby disclaims all other conditions, indemnities, guarantees, representations and warranties, express or implied, arising from law, custom, prior oral or written statements or otherwise with respect to the website, the Neos metaverse and/or any of its components and any related service or documentation, including without limitation the implied warranties of merchantability, fitness for a particular purpose satisfactory quality, and non-infringement of any law or regulation.
8.2 Except as stated in 7.5 of this agreement, we have no obligation to provide you any support for the website, the Neos metaverse, and/or any of its components, or to continue providing, updating or correcting any defects or errors of the website, the Neos metaverse and/or any of its components, regardless of whether you inform us of such defects or errors or that we otherwise are, or become aware of, such defects or errors, to the fullest extent permitted by the law. By way of example and not in limitation, we do not warrant that: a) use of the website and/or the Neos metaverse or any part thereof will be uninterrupted or error free; b) all defects in the website and/or the Neos metaverse will be corrected.
8.3 To the maximum extent permitted by the law, you agree that under no circumstances we shall be liable to you, or any other person or entity claiming through you, for any inconvenience, direct or indirect damages, including any loss of profits or other damages (“losses”), whether arising out of contract, statute or otherwise arising out of or in connection with those, causing your inability to access or use the website, the Neos metaverse and/or any of its components during any downtime, outage or discontinuance of the website, the Neos metaverse and/or any of its components, whether or not the damages are foreseeable and whether or not we were advised of the possibility of such damages. In such a case nothing in these ToU will be construed to obligate us to maintain and support of the Neos metaverse or to supply any corrections, updates, or releases in connection therewith.
8.4 For the avoidance of doubt, according to the abovementioned paragraphs, we assume no liability or responsibility for especially, but not limited to any quality, availability and scope of any services provided free of charge.
8.5 The liability limitation shall however not apply to, or take into account, damages resulting from our gross negligence, bad faith or the willful or intentional misconduct. To the extent permitted by applicable law, our total cumulative liability for losses suffered or caused due to or in connection with this agreement or the use or performance of the Website and/or the Neos Metaverse or the services related thereto, shall in any case not exceed the amount of Subscription fees actually paid or due to be paid during 1 year prior the occurrence of any such damages.
8.6 You hereby agree to defend, indemnify, and hold us and our agents, employees, officers, directors, successors and assignors (hereinafter collectively referred to as the “Released Parties”) harmless from and against any loss, damage, liability, claim, demand, or expense, including reasonable attorneys’ fees and expenses, asserted by any third party or an entity due to or arising out of:
- use of the Neos Metaverse, the Website and/or any other our asset;
- User Content Guidelines;
- breach of these ToU;
- any breach of your representations and warranties set forth in these ToU;
- any other harmful act toward any other user of the Neos Metaverse.
8.7 Notwithstanding the foregoing, to the extent permissible by law, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
8.8 There may be information on the Website and/or the Neos Metaverse, that contains typographical errors, inaccuracies, or omissions that may relate to the Website and its content, the Neos Metaverse and/or services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website and/or the Neos Metaverse at any time, without prior notice.
How can we terminate the agreement between us?
Your relationship with us can be terminated in several ways.
If you use the Neos Metaverse for free, we both can terminate our relationship in any time at your or our discretion.
If there is a breach of obligations under this ToU, the one affected by the breach can withdraw from this ToU.
When using a paid version of the Neos Metaverse, we both can terminate our relationship by a notice with a notice period of one month.
Our relationship also terminates if you reject additions of modifications to the ToU, or if the Neos Metaverse is terminated.
In the event that our agreement is terminated by our notice, because of the termination of the Neos Metaverse service or due to your withdrawal from the agreement, you will be entitled to a refund of the appropriate portion of your Subscription fee.
9.1 These ToU and the agreement concluded hereunder shall remain in effect until terminated.
9.2 Upon termination of the agreement under these ToU, you shall cease all use of the Website, the Neos Metaverse and/or any part thereof as well as the User Account.
9.3 Termination of these ToU and the agreement shall not affect those parts of the ToU which imply that they survive such termination. These include, in particular, provisions relating to licenses granted by you, liabilities, indemnities, processing of personal data, etc.
Immediate termination of non-paid use
9.4 Unless the use of the Neos Metaverse is provided on a paid-for basis, we may in our sole and absolute discretion, at any time and for any or no reason immediately suspend or terminate the agreement under these ToU. For the avoidance of any doubt, you are not entitled to any kind of refund in connection with such termination.
9.5 Unless the use of the Neos Metaverse is provided on a paid-for basis, you may in your sole and absolute discretion decide to cease using the Neos Metaverse and to terminate the agreement under these ToU.
Termination by withdrawal
9.6 Withdrawal from the agreement under these ToU is permitted in these cases:
- We may withdraw from the agreement under these ToU if you fail to comply with or violate any of the terms and conditions set forth in these ToU.
- You may withdraw from the agreement under these ToU, if we violate our obligations arising from these ToU in a particularly serious manner, specifically, if we make the Neos Metaverse unavailable permanently.
9.7 The legitimate withdrawal from the agreement under these ToU is effective immediately upon the other party receives a written notice, including an e-mail stating the withdrawal from the agreement under these ToU and unequivocally specifying the reasons for the withdrawal. The rights originating from this ToU shall terminate immediately upon receiving a written notice.
9.8 If you paid Subscription fee to use the Neos Metaverse and if the case for withdrawal is legitimate, then you are entitled to obtain a refund in the amount corresponding to the proportionate amount paid for the Usage Plan remaining as of the day of the withdrawal.
9.9 If the agreement under these ToU is terminated by our withdrawal, then you are prohibited from using the Neos Metaverse and any of its components and/or any services provided under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Termination by notice
9.10 Both of us may terminate the agreement under these ToU at any time and for any or no reason with a notice sent to the other party in a form of a written notice, including an e-mail, a notification or through the Neos Metaverse, with a notice period of one month which commences on the first day of the calendar month following the calendar month in which the notice is delivered to the other party, provided that the agreement concluded hereunder is not terminated by other means of termination or cancellation herein prior to the end of the notice period.
9.11 If the agreement is terminated through notice by us, then you are entitled to obtain a refund in the amount corresponding to the proportionate amount paid for the Usage Plan remaining as of the day after the day of the end of the notice period.
Other means of termination
9.12 The agreement under these ToU will also be terminated upon the termination of the operation of the Website and/or the Neos Metaverse regardless of the reason. You are entitled to obtain a refund in the amount corresponding to the proportionate amount paid for the relevant Usage Plan remaining as of the day of such termination. You expressly agree that you will not be entitled to any damages or other claims in connection with such termination to the fullest extent permitted by law.
9.13 The agreement under these ToU may be terminated at any time by our mutual agreement.
9.14 The agreement under these ToU may be terminated based your rejection of amendments to the ToU as per par. [ 11.5]. of these ToU. You are entitled to obtain a refund in the amount corresponding to the proportionate amount paid for the relevant Usage Plan remaining as of the day of such termination.
What are your consumer rights?
We respect the consumer rights granted to you by the countries in which you reside. Depending on the applicable law, the following rights may apply to you:
- the right to withdraw from the provision of a paid service free of charge;
- the right to the proper performance of the contract and to claim for defects;
- the right to lodge a complaint with the relevant supervisory authority.
10.1 This part applies only if you are a consumer, e.g. an individual who enters this agreement with us, outside his trade, business or profession.
10.2 If such a right is conferred on you by consumer protection law in your country, you have the right to withdraw from the agreement within fourteen days (or more, depending on your local law) since signing up for the respective Usage plan. You hereby expressly request us to begin with performing the services before the expiration of the withdrawal period.
10.3 If you withdraw from the agreement for the provision of services according to par. [ 10.2] of this ToU, you are obliged to pay us a part of the agreed price proportional to the performance provided until the time of withdrawal from contract.
10.4 The you acknowledge, that we cannot guarantee that the Neos Metaverse and/or Website will be free of defects/errors and available without any interruption. Liability for defects and the right to compensation for damage are governed by the relevant provisions of the respective legal regulation. Claims for defects / warranty claims can be made at [firstname.lastname@example.org] or through the Website.
What other legal conditions apply to our relationship?
11.1 JURISDICTION AND GOVERNING LAW. This agreement will be governed by and construed and interpreted in accordance with the law of the Czech Republic. We both expressly agree that in the event of any dispute arising from the agreement under these ToU the courts of the Czech Republic shall be the courts competent to resolve such a dispute.
11.2 ASSIGNMENT AND TRANSFER. The agreement under these ToU or any part hereof is not assignable or transferable by you without our prior written consent; any attempt to do so shall be void. We may assign any or all of our rights and obligations to any third party at any time.
11.3 NO WAIVER. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder.
11.4 INVALIDITY OF CERTAIN PROVISIONS. If any provision of these ToU shall be determined to be unlawful, void, or unenforceable, or invalid, that provision or part of the provision is deemed severable and shall be limited or eliminated to the minimum extent necessary so that these ToU shall otherwise remain in full force and effect and enforceable. Such provision may be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
11.5 MODIFICATION OF THIS TOU. You acknowledge, that we have the right to change this ToU at any time, so please check this ToU periodically for changes. If a change to this ToU substantially modifies your rights or obligations, you will be required to accept the modified ToU in order to continue to use the Neos Metaverse. This ToU will be identified by the most recent date of revision and will be effective immediately upon being made available through the Website or otherwise through the Neos Metaverse. Your use of the Neos Metaverse after modifications to this ToU become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the terms of this ToU or any modifications to this ToU, then you agree that your sole and exclusive remedy is to discontinue any use of the Neos Metaverse.
11.6 COSTS OF COMMUNICATION. The costs of using the communication services on our side do not increase your costs. The costs of remote communication means used by you are your sole responsibility and go to your burden.