Terms of Service

Last updated: January 10, 2025

BELOW ARE VRTES LLC’S TERMS OF SERVICE (THESE “TERMS”) FOR THE USE OF ANY SOFTWARE APPLICATIONS, MOBILE APPLICATIONS, AND/OR INFORMATION AVAILABLE FOR USE BY AND THROUGH VRTES.

VRTES LLC’s Terms of Use

Welcome to VRTES LLC’s vrtes.io and/or VRTES application. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY VRTES LLC (“VRTES,” “US,” “WE”). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE ACCESSIBLE THROUGH THE WORLD WIDE WEB ADDRESS vrtes.io (THE “SITE”), THE VRTES COMPUTER, MOBILE, AND OTHER APPLICATIONS (THE “APPLICATION”), AND THE SERVICES, FEATURES, CONTENT, OR WIDGETS OFFERED BY VRTES (COLLECTIVELY WITH THE SITE AND THE APPLICATION, THE “SERVICES”).

IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE THIS SITE, THE APPLICATION, AND/OR PURCHASE AND/OR USE VRTES’S PRODUCTS OR SERVICES.

Acceptance of Agreement

The terms “you,” “your,” “yours,” and “User” refer to you, the User of the Site, Application, and/or Services, in any capacity, including as an individual user, and/or an organization utilizing VRTES solutions. By using the Site, Application, and/or Services in any manner, including but not limited to visiting, browsing, or using any service offered through the Site or downloading the Application, you are agreeing to comply with and be bound by the terms and conditions contained herein (“Terms of Use” or “Agreement”), which also incorporate VRTES’s Privacy Policy (“Privacy Policy”), accessible at https://vrtes.io/privacy-policy, whether or not you register as a user of the Application or Services. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the Application, the Services, and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. Your continued use of the Site, Application, or Services after any such changes constitutes your acceptance of the amendments to the Agreement. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site, Application, or Services. Additionally, some services offered through the Site may be subject to additional terms and conditions specified by VRTES from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Eligibility

You must be 13 years of age or older to use the Site, Application, or Services. By using the Site, Application, or Services, you represent that you are 13 or older and that you will not permit a minor under the age of 13 to use the Site, Application, Services, your Third Party Platform (as hereinafter defined) account, or otherwise interact with the Site, Application, or Services. VRTES will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who VRTES knows is under 13 years of age. If VRTES discovers that a user or visitor under 13 years of age has provided personally identifiable information or other content to the Site, Application, or Services, VRTES will delete such information or other content.

If you are between the ages of 13 and 18, you will need permission from a parent or guardian to use the Site, Application, Services. If you are between the ages of 13 and 18, you may utilize a Third Party Platform account established by your parent or legal guardian, with such parent or guardian’s approval. If you permit your child or legal ward between 13 and 18 years of age (a “Child”) to use the Site, Application, or Services, you hereby agree to these Terms on behalf of both yourself and your Child. You further agree that you are solely responsible for any and all use of the Site, Application, or Services by your Child regardless of whether such use was authorized by you.

VRTES may, in its sole discretion, refuse to offer use of the Site, Application, and/or Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that this Agreement is in compliance with all laws, rules, and regulations applicable to you, and the right to access the Site, Application, and/or Services is revoked where this Agreement or use of the Site, Application, and/or Services is prohibited. In such circumstances, you agree not to use or access the Site, Application, or Services in any way.

VRTES Content

The content, organization, graphics, design, compilation, code, magnetic translation, digital conversion, and other matters related to the Site, Application, and Services (“Copyright Content”) are the property of VRTES or its licensors and are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site, Application, or Services, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Site, Application, or Services. The posting of information or materials on the Site, Application, or Services does not constitute a waiver of any right in such information and materials.

We value hearing from our users and are always interested in learning about ways we can improve the Services. If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, VRTES does not waive any rights to use similar or related feedback previously known to VRTES, or developed by its employees, or obtained from sources other than you.

VRTES, vrtes.io, VRTES, and other VRTES graphics, logos, page headers, button icons, scripts, and service names are trademarks, or registered trademarks or trade dress of VRTES or its affiliates in the U.S. and/or other countries (“Trademark Content”). VRTES trademarks and trade dress may not be used in connection with any product or service that is not VRTES’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VRTES. All other trademarks not owned by VRTES or its affiliates that may appear on the Site, Application, or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VRTES or its affiliates.

Modifications to Site, Application, or Services

VRTES reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, Application, and/or Services, to alter the design, content, layout, copy, and functionality of the Site, Application, and/or Services (or any part thereof), with or without notice. You agree that VRTES shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Application, and/or Services.

License and Site Access; Limited Right to Use

Subject to this Agreement and our policies, VRTES grants you a limited, non-exclusive, non-transferable, and revocable license to use the Site, Application, and Services. This license does not include any resale or commercial use (except as provided herein) of this Site, the Application, the Services, or their contents; any derivative use of the Site, the Application, the Services, or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise provided herein, the Site, the Application, or any portion of them may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of VRTES. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VRTES and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing VRTES’s name or trademarks without the express written consent of VRTES. Any unauthorized use terminates the permission or license granted by VRTES. You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Site, Application, or Services. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of VRTES so long as the link does not portray VRTES, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any VRTES logo or other proprietary graphic or trademark as part of the link without express written permission.

Rules and Conduct

As a condition of use, you promise not to use the Site, Application, or Services for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Site, Application, and Services. Additionally, you shall abide by all applicable local, state, national, and international laws and regulations applicable to you, and if applicable, the rules of any third party providing the Application and/or Services to you with which VRTES has an agreement to provide such Application and/or Services (a “VRTES Partner”).

The following is a partial list of conduct policies for users of the Site, Application, and Services. VRTES reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, terminating the User account of such violators or blocking the use of the Site and/or Application by such violators. By using the Site, Application, and/or Services, you represent and warrant that you shall not (directly or indirectly):

• Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Site, Application, or Services except as expressly authorized by VRTES.

• Take any action that imposes or may impose (as determined by VRTES in its sole discretion) an unreasonable or disproportionately large load on VRTES’s (or its third-party providers’) infrastructure.

• Decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or Service, except to the limited extent applicable laws specifically prohibit such restriction.

• Interfere or attempt to interfere with the proper working of the Site, Application, Services, or any activities conducted on the Site or Application.

• Bypass any measures VRTES may use to prevent or restrict access to the Site, Application, or Services (or other accounts, computer systems, or networks connected to the Site, Application, or Services).

• Run any form of auto-responder or “spam” on the Site.

• Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

• Harvest or scrape any content or materials from the Site, Application, or Services.

• Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

• Otherwise take any action in violation of VRTES’s guidelines and policies.

Your Interactions with Other Users

VRTES DOES NOT SCREEN ITS USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. VRTES STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE MEETING OR SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THE APPLICATION AND/OR SERVICES. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate outside of the Application or Services or meet in person.

In no event shall VRTES, its affiliates, or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, Application, or Services, including, without limitation, death, bodily injury, property damage, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Application or Services.

Third-Party Content and Services

The Site, Application, and/or Services may contain links to third-party websites, content, or services (“Third-Party Content”). VRTES does not control, endorse, or assume responsibility for any such Third-Party Content. If you access Third-Party Content via the Site, Application, or Services, you do so at your own risk and agree that VRTES is not responsible for any associated risks or liabilities.

Your interactions with third-party providers, including payment and delivery of goods or services, are solely between you and the third party. You agree that VRTES shall not be held liable for any damages or losses incurred as a result of such interactions. Additionally, you acknowledge that VRTES is not responsible for any content or accuracy of information found on third-party websites.

Disclaimers and Limitations of Liability

The Site, Application, and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. VRTES does not guarantee that the Site, Application, or Services will be uninterrupted, secure, or error-free. You understand that the use of virtual reality and AI-powered applications involves inherent risks, including but not limited to disorientation, dizziness, or nausea. You assume full responsibility for using the Site, Application, or Services.

To the fullest extent permitted by law, VRTES and its affiliates, officers, employees, agents, and partners disclaim all liability for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from (a) your use of or inability to use the Site, Application, or Services; (b) unauthorized access to or alteration of your data; or (c) any third-party content or conduct.

Privacy and Data Use

VRTES respects your privacy and is committed to protecting any personal information you provide while using the Site, Application, and Services. By using the Site, Application, or Services, you agree to the terms of our Privacy Policy, available at https://vrtes.io/privacy-policy. VRTES collects, processes, and stores data in accordance with applicable laws and regulations. This may include, but is not limited to, data necessary for providing and improving the Services, ensuring security, and complying with legal obligations.

You agree that VRTES may use aggregated, anonymized data derived from your use of the Services for analytical purposes to improve and enhance the functionality of the Services.

Force Majeure

VRTES shall not be held liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor disputes, internet service interruptions, or other unforeseen events. In such cases, VRTES’s obligations under these Terms shall be suspended for the duration of the event causing the failure or delay.

Governing Law and Arbitration

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. For any dispute arising under this Agreement, you agree to first contact VRTES and attempt to resolve the dispute informally.

If the dispute cannot be resolved informally, you agree to resolve any claim, dispute, or controversy through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Any arbitration shall take place in New York, New York, and shall be conducted in English. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction for matters relating to intellectual property or unauthorized access to the Site, Application, or Services. All claims must be brought in the parties’ individual capacities and not as a plaintiff or class member in any purported class or representative proceeding.

You agree that any cause of action arising out of or related to the Site, Application, or Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Miscellaneous

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Canopy Pilot may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.