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Terms of Service

Last updated: 2024-01-10

1. Acceptance of Terms

This Terms of Service (TOS) is a legal agreement between you and NUMENA GmbH. This TOS agreement governs your acquisition and use of the Space Elevator VR App, associated files and associated website.

By accessing and using Space Elevator VR, associated files, and its associated website, you agree to comply with and be bound by this agreement. Please read it carefully before completing the installation process and using Space Elevator VR. If you do not agree with this TOS, you may not use Space Elevator VR, associated files or website. If you are entering into this TOS agreement on behalf of a company or other legal entity, you accept that you have the authority to bind such entity and its affiliates to these terms and conditions. You may not accept this TOS if you are not of legal age to form a binding contract with NUMENA GmbH.

2. Description of Service and Licence

Space Elevator VR is an immersive design tool. It allows users to create and modify spatial designs using libraries of architectural elements and other related content. The website offers information and links about Space Elevator. Space Elevator VR also uses associated application files. These are created whenever a user creates a new scene. Files created by other users can also be added to the application.

The present TOS grants you a licence to use Space Elevator VR and any associated Space Elevator VR files. This licence only applies to the first published free version of the application. It does not apply to any subsequent versions, changes or updates. This agreement and licence also govern any associated Space Elevator VR files. Any fees paid for Space Elevator VR and associated files are not refundable and payments are non-cancelable.

3. User Requirements

To use Space Elevator VR, users must have compatible VR equipment and meet any specified system requirements. You are responsible for ensuring your device meets the recommended hardware requirements of Space Elevator VR. Required hardware: Meta Quest 2 or Meta Quest 3.

4. Privacy Policy

By accessing or using this license, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy.

NUMENA GmbH and its affiliates may periodically collect and use technical and related data concerning the Space Elevator VR and its associated files, including the version number you have installed and the system you have installed the software on. NUMENA GmbH will use such data to facilitate maintenance and support, to improve its products, and to provide further services or technologies to you.

5. Limitations on Use

Space Elevator VR, associated files and website are for personal, non-commercial use only. Replicating, redistributing, selling, or otherwise using the content for commercial purposes is prohibited without written permission.

6. Intellectual Property

All content, including but not limited to graphics, images, audio, software, and text, is the property of NUMENA GmbH or its licensors and is protected by copyright and other intellectual property laws. NUMENA GmbH shall at all times retain ownership of Space Elevator VR and associated files as originally downloaded by you and all subsequent downloads. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of NUMENA GmbH.

7. License Restrictions and User Conduct

Users must not (1) modify, reverse-engineer, or create derivative works based on the VR App or website, (2) reverse engineer, disassemble or decompile of any portion of Space Elevator VR, (3) remove, disable, or otherwise create or implement any workaround to, any security features, (4) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make Space Elevator VR available to any third party for any reason, (5) use the Space Elevator VR in violation of any applicable law, regulation or rule, (6) use Space Elevator VR in any other manner or for any other purpose or application not expressly permitted by NUMENA GmbH.

You do not have the right to make available any content that: (1) violates any law or infringes on the rights of others; (2) does not available under any law or under a contractual relationship; (3) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party (including privacy rights); (4) is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (5) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment, or data, or the Website, or that of any users or viewers of the Website, or that compromises a user’s privacy; or (6) contains any falsehoods, misrepresentations, or creates an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way; (7) use Space Elevator VR for the purposes of developing a competing solution.

8. Limitation of Liability

NUMENA GmbH will in no way be liable to you or any third party for any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered in connection with any use of the Space Elevator VR even if we have been advised of the possibility of such damages.

9. Warranty Disclaimer

Space Elevator VR, associated files and website are provided “as is” without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Changes to Terms

NUMENA GmbH reserves the right to update or modify these Terms of Service at any time without prior notice. Your use of the Space Elevator VR App, associated files and website after any changes means you agree to be bound by the modified terms.

11. Maintenance, Support and Termination

We reserve the right to terminate or restrict your access to Space Elevator VR, associated files and website, without notice, for any reason or no reason. NUMENA GmbH has no responsability to provide maintanance and support to Space Elevator VR. NUMENA GmbH may update Space Elevator VR without notice. This may result in the loss of your ability to access any files you have purchased or created with a previous version of the application.

This agreement will also terminate immediately if you fail to comply with any term outlined in it. Upon such termination, the licenses granted by this agreement will immediately terminate and you agree to stop all access and use of Space Elevator VR.

12. Governing Law

These Terms of Service and the interpretation of its terms shall be governed by and construed in accordance with the laws of the European Union and/or The Federal Republic of Germany and subject to the exclusive jurisdiction of the federal and state courts located in Stuttgart, Germany.

Contact Information

For questions or concerns about these Terms of Service, please contact us at support@numena.de.